LIBRARY 

OF  THK 

UNIVERSITY  OF  CALIFORNIA. 

OF" 


Received  ,  igo     . 

Accession  No.  !9  .    Class  No. 


—  THE  — 


School  Law  of  Indiana 


WITH 


ANNOTATIONS. 


ISSUED    BY 

HERYEY   D.    YORIES, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


nSTDIAX.VPOLIS. 
1893. 


CONTENTS. 


Introduction. 

I.  Development  of  the  School  System Page  5 

II.  Outline  of  the  System "     5 

III.  Editions  of  the  School  Law "     6 

IV.  The  Present   Edition "7 

V.  Superintendents  of  Public  Instruction "7 

VI.  Attorneys-General „    .  "8 

VII.  Explanations 8 

ttlunul    /VonWo/is. 

Article  Vm— Education  ...'.' "9 

Till:    SCHOOL    LAW. 

Common  School*. 

Article          I— The  Fund £  43'2r>-4405 

Article        II      Administration §4406^4464 

Artid<-       III     Taxation §4465-4471 

Article       IV      Enumeration §4472-447^ 

Article        V     Apportionment  of  Revenue $4477—41*7 

Article       VI  --Schools  in  Cities  and  Towns $  44*S-44!)2 

Article      VII      Selmnls  an.  1  School  Houses §4499-4519 

Article    VIII    Teachers'   Institutes -.    .  $  4.")L)n 

Artiele       IX      Five  Lil.raries $  4'}'24-4^:\:\  a 

Article         X      <irncral  Provisions ^  4");;4-4")41 

Miool $  4:)4L>-4:>ii(> 

ma  University $  4:>r,]-4n'i;i 

Purdue  Universit $  4»u;i_)-4r>77 


INTRODUCTION. 


I.       DEVELOPMENT    OF   THE   SCHOOL   SYSTEM. 

accordance  with  the  general  law  of  institutional  development,  the 
growth  of  the  school  system  of  Indiana  has  been  toward  simplicity  and 
unity.  By  the  first  Constitution  it  was  made  the  duty  of  the  General 
Assembly  to  provide  for  a  general  system  of  education.  The  first  at- 
tempt to  create  such  an  institution  was  "An  act  incorporating  congres- 
sional townships,  and  providing  for  public  schools  therein,"  approved 
February  6,  1837.  The  system  then  established  was  extremely  compli- 
cated, and  was  weakened  by  an  excessive  division  of  functions  among 
numerous  officers.  It  was  without  county  or  State  direction,  and  nearly 
every  step  in  matters  of  taxation  and  administration  was  dependent  upon 
the  votes  of  the  inhabitants  of  school  districts.  These  defects  were  not 
removed  by  the  "Act  to  increase  and  extend  the  benefits  of  common 
schools,1'  approved  January  19,  1849.  The  inefficacy  of  these  statutes 
soon  became  apparent;  and  the  present  Constitution,  adopted  in  1851, 
not  only  renewed  the  requirement  that  the  system  should  be  general  and 
uniform,  but  also  forbade  the  enactment  of  local  or  special  laws  for  sup- 
porting common  schools.  In  pursuance  of  these  provisions  a  general 
school  law  was  enacted  in  1852,  and  received  the  approval  of  the  Gov- 
ernor on  February  14  of  that  year.  This  law  contained  the  germs  of 
the  present  system  ;  and  after  passing  through  several  revisions  by  the 
General  Assembly,  guided  by  a  series  of  luminous  decisions  of  the 
Supreme  Court,  it  wa<  embodied  in  the  act  of  March  6,  1865,  the  last 
comprehensive  statute  on  the  subject  of  common  schools.  This,  as 
amended  to  date,  with  a  number  of  supplemental  sections  and  acts,  con- 
stitutes the  school  law  of  Indiana. 

II.       OUTLINE   OF   THE   SYSTEM. 

1.  A  State  Superintendent  of  Public  Instruction.  Elected  by  the 
people  tor  two  years. — $4406.  Charged  with  the  administration  of  the 
system,  the  general  superintendence  of  school  affairs,  the  management 
of  the  funds  and  revenues,  and  the  interpretation  of  the  school  law; 


6  SCHOOL    LAW    OF   INDIANA. 

makes  reports  to  the  Governor  and  the  General  Assembly,  apportions 
revenue  among  the  counties,  publishes  and  distributes  the  school  laws, 
compiles  school  statistics,  and  visits  all  the  counties. — §  4408-4417,  4482. 

2.  A  State  Board  of  Education.     An  ex-offido  body  of  professional 
educators — §4420.     Examines  applicants  for  State  certificates,  prescribes 
examination  for  professional  eight-year  licenses,  and  takes  cognizance  of 
questions  not  otherwise  provided  for. — §4421,  4422,  4425.     As  Board  of 
School  Book  Commissioners  adopts  text-books  for  the  State. 

3.  County  Superintendents.     One  for  each  county,  elected  by  the 
Township  Trustees  for  two  years. — §4424.     Examine  and  license  teachers, 
and  direct  and  superintend  their  work,  hold  county  institutes,  compile 
educational  and  financial  statistics,  and  report  them  to  the  Superintendent 
of  Public  Instruction,  and  carry  out  directions  of  the  Superintendent  of 
Public  Instruction  and  the  State  Board. — §4425-4431,  4521. 

4.  School  Trustees.     One  for  each  township,  elected  by  the  people 
for  four  years.— §4438  and  5991,  R.  S.  1881.     Three  for  each  town  or 
city,  appointed  by  the  Town  Board  or  City  Council  for  three  years.— 
§4439.     Charged  with  the  ownership  and  management  of  school  prop- 
erty, levy  local  taxes,  employ  teachers,  cause  township  institutes  to  lie 
held,  make  reports  to  County  Superintendents  and  Commissioners,  and 
constitute  a  County  Board  of  Education.— §443(5,  4441-4444,  4520. 

5.  School  Directors.     'Elected  by  the  patrons  in  each  school  district  for 
one  year. — §4498:     Preside  at  school  meetings,  are  the  media  of  com- 
munication between  the  people  and  the  Trustee,  and,  under  direction  of 
the  Trustee,  have  the  care  of  the  school  houses,  make  small  repairs  and 
provide  fuel.     They  may  exclude  refractory  p.upils,  subject  to  appeal  to 
the  Trustee.— §4503-4506. 

6.  School  Commissioners.      One  for   each    district,  elected    by   the 
voters  thereof,  in  cities  of  30,000  or  more  inhabitants,  manage  school 
affairs  in  such  cities. — ^4457-4464. 

7.  General  Institutions.     State  Normal  School.— 4542-4560 ;  Indi- 
ana University. — 4561-4661 ;  Purdue  University. — 4662-4077. 

8.  Special  Institutions.     Institute  for  the  Education  of  the  Deaf  and 
Dumb  ;  Institute  for  the  Education  of  the  Blind  ;  State  Reform  School. 

III^       EDITIONS    OF   Till:    SCHOOL    LAW. 

The  act  of  1837,  relating  to  public  schools,  was  published  ''by 
authority"  in  the  year  of  its  passage.  The  act  of  1852  provided  for 
the  election  of  a  Superintendent  of  Public  Instruction,  in  compliance 


x'HooL     LAW    OK     INDIANA.  I 

>vith  the  new  Constitution,  and  made  it  his  duty  to  publish  and  distribute 

•opie-  of  the  School    Law  as  he  should  deem   the  publi 
require.      In    obedience    t<>    that    requirement,    annotated    editions 
published    by   succe.— ive   Superintendents,  as   follows:     I>y   Larrab. 

by  Mills   in    1*.V>,  by  Larrab,-e    in    !*•'>*,  by  Fletcher   in    l*ol,  by 
in    1  *<;.">  and    1*157.  by    Ilobbs  in    1  *<!<),    by   Hopkins  in    1*7:5,   by 
•t  in  1*77.  by  Holcomhe  in  I**-",,  and   by  Yories  in  !*!>!  and    I 

rv.      Tin:  IM:I>I:NT   KIHTION. 

ditioii   an    efibrt    has   been    made    to   present  a  thorough  and 
lete  expo.-ition  of  the  administration  of  a   hhrhly  developed   educa- 
tional  code-  -a  code  embodying  a   school  system  which,  for  it>  efiici 
and  thorough  orirani/ation   and  its  advanced   position  as  to  State  super- 
vision and  control,  is  generally  reco^ni/ed  ar.  :l  model  State  system. 

tie  e<lition  is  al>o  intended  to  be  representative  of  the  Department  of 
ie  Instruction,  preserving  decisions  ot' th"  Superintendents  as  far  a- 
arc-  found  applicable  to  the  present  law,  and  creditini:  each  opinion 
author  whenever   he  can   be  determined  with  any  degree  of  cer- 

:i    points  of  administration   the  Statutes  of  many  other  States  are 
ilar  to  ours,  except   that   in  our  State  many  matters  are   made  final 
-chool  officers,  while  in  many  other  States  they  arc  adjudicated   by 
the  courts.       Hence,  for  the  guidance  of  >chool  officers  on  points  that  our 
-  have  not  adjudicated,  numerous  extracts  from  Supreme  ( 'our 

l^ea  are  inserted  where  applicable. 
All  applicable  decisions  from  our  own  Supreme  and  Appellate  C'<- 

iserted. 

The   subjoined    list    of  State   Superintendents  and   Attornevs-Geueral 
will  enable  the  reader  to  fix  approximately  the  dates  of  decisions: 

v.      8TATE  sri'i-:i:i.\'i  -   <>!    rria.ic 

Larrabee 

del-  Mills 

\V     .   '   .    Lai-raln-r 

imuel   L.   Ku-- 

J.  Fletcher 

\\.   Ho-liour    . 


visio: 

tO    It: 

I  ^H 


.    '52   to    Feb. 

.  Feb.  '-V>  t,,     " 

.  "  M7  to     " 

.  "  T)!>  to     "     'HI 

.  h  '()!  to  Max 

.  May  '«;:>  to  NO\ 


Nov.  T.-J  to  Ma 

-•    \\.    H    - Mar.    '65  to  Oct 

•  <  .  I!   bba  68  to  Mai 


<  !.  H.,bbs 


8  SCHOOL    LAW    OF    INDIANA. 

Milton  B.  Hopkins Mar.  '71  to  Aug. '74 

Alexander  C.  Hopkins Aug.  '  74  to  Mar.  '  75 

James  H.  Smart Mar.  '75  to     "     '81 

JohnM.  Bloss "     '81  to     "     '83 

John  W.  Holcombe "     '83  to     "     '87 

Harvey  M.  LaFollette "    '87  to     "    '91 

Hervey  D.  Vories "     '91  to 

VI.       ATTORNEYS-GENERAL. 

James  Morrison 1855-57  James  C.  Denny  ....  1872-74 

Joseph  E.  McDonald    .    .  1857-59  Clarence  A.  Buskirk  .    .  1874-78 

James  G.  Jones 1859-60  Thomas  W.  Woolen  .  .    .  1878-80 

John  P.  Usher 1860-62  Daniel  P.  Baldwin    .    .    .  1880-82 

Oscar  B.  Hord       .    .    ,    .  1862-64  Francis  T.  Hord  ....  1882-86 

Delano  E.  Williamson  .    .  1864-70  Louis  T.  Michener   .    .    .  1886-90 

Bayless  W.  Hanna    .    .    .  1870-72  Alonzo  G.  Smith  ....  1890 

VII.       EXPLANATIONS. 

The  Board  of  Revision  of  the  Laws,  created  by  the  act  of  March  28, 
1879,  codified  the  laws  relating  to  common  schools,  the  State  Normal 
School,  Indiana  University,  and  Purdue  University,  and  published  them 
as  Chapters  52,  53,  54,  and  55  of  the  Revised  Statutes  of  1881.  The 
numbering  and  arrangement  of  sections  made  by  the  Board  of  Revision 
are  preserved,  and  the  numbers  in  the  original  acts  are  placed  at  the  end 
of  each  section.  In  cross-references  the  letters  R.  S.  and  figures  1881 
are  placed  after  the  number  when  the  section  designated  belongs  to  a 
part  of  the  Revised  Statutes  not  included  in  the  school  law.  A  care- 
fully prepared  index  may  be  found  at  the  end  of  the  volume. 

SEPTEMBER  11,  1893. 


CONSTITUTIONAL   PROVISIONS. 


ARTICLE  VIII— EDUCATION. 

[In  force  November  1, 1851.] 

182.  Common  Schools.  Knowledge  and  learning  generally  dif- 
fused throughout  a  community  being  essential  to  the  preservation  of  a 
free  government,  it  shall  be  the  duty  of  the  General  Assembly  to 
.'iinuiragi',  by  all  suitable  means,  moral,  intellectual,  scientific  and  agri- 
cultural improvement,  and  to  provide  by  law  for  a  general  and  uniform 
i  of  cMiiiinnii  <L'hools,  wherein  tuition  shall  be  without  charge  and 
equally  open  to  all. 


^ 

two  sy 


I 


IODI.S  A  STVTE  INSTITUTION,   I'nder  our  former  Constitution  we  had  had 
'Stems  of  comnum  schools,  the  general  and  local,  and  the  local  had  broken 
down  the  L  tern  and  neither  had  flourished.     This  was  an  evil  distinctly 

.-  of  tin-  convention  which  framed  the  new  Constitution,   and  it  was 
lined  that  the  two  systems  should  no  longer  co-exist;  that  the  one  general 
i  should  continue,  strengthened  by  additional  aids,  and  that  the  counter- 
-hould  go'out  of  existence.  '    Common  schools,  as  a 

made  a  State  institution— a  system  co-extensive  with  the  State,  em- 
•1   within    it   every   citizen,  e  of  territory,    and    all  the   taxable 

ty  i.i  the  Stat«  r.  Jenners,  10  Ind.  Ti!  and  77;  o  Ind.  ~>">7. 

MIT  common  school  system  must  be  general,  that  is,  it  must 
l"  the  State. — Corey  v.  Carter,  4S  Ind.  358. 
be  uniform.    This  will  be  secured  when  all  the  schools 

of  the  fame  grade  have  t!  -tern  of  government  and  discipline,  the  same 

branches  of  learning  taught,  and  the  same  qualifications  for  admission.  —  I 

4.     Ci  ;    l)e   equally    open  to  all.     But  the 

islature   may   classify  the   pupils   to   he  admitted,  with   reference  to  age,  sex, 
dvancement   and   branches  of  >tudy  to  be  pursued,  and  m:i  te  to  what 

and   what   school    houses    the   different  ages,  sexes  and  degrees  of  pro- 
ciency  shall  be  assigned. — Id.  360. 

COLORED  Pi  rn.s.  To  re<niire  the  white  and  colored  children  to  be  taught 
separately,  provision  being  ma'le  for  their  education  in  the  same  branches,  accord- 
ing to  age,  capacity  or  advancement,  with  capable  teachers,  does  not  amount  to 
a  denial  of  equal  privileges  to  either,  or  conflict  with  the  open  character  of  the 
in  required  by  the  Constitution. — /(/.  3G2,  'i\\ 


10  SCHOOL    LAW    OF    INDIANA. 

6.  This  section  does  not  require  the  Legislature  to  levy  all  school  taxes  nor 
prohibit  it  from  providing  by  general  law  for   the   levying  of   school  ta? 

the  local  school  authorities. — 102  Ind.  307. 

7.  LEGISLATIVE  POWER.     The   Legislature  is  given  full  power  under   this 
section  to  provide  for  a  general  and  uniform  system  of  common  schools,  and  such 
power  necessarily  resides  in  it,  although  it  is  not  given  by  the  Constitution.     It 
may  prescribe  the  course  of  study  and  the  system  of  instruction  that  shall  be  pur- 
sued and  adopted,  as  Avell  as  the  books  which  shall  be  used.     122  Ind.  462. 

183.  Common  School  Fund.  The  Common  School  Fund  shall 
consist  of  the  Congressional  Township  Fund  and  the  lands  belonging 
thereto ; 

The  Surplus  Revenue  Fund  ; 

The  Saline  Fund,  and  the  lands  belonging  thereto; 

The  Bank  Tax  Fund,  and  the  fund  arising  from  the  one  hundred  and 
fourteenth  section  of  the  Charter  of  the  State  Bank  of  Indiana ; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and  the 
moneys  and  property  heretofore  held  for  such  seminaries ;  for  the  fines 
assessed  for  breaches  of  the  penal  laws  of  the  State,  and  from  all  for- 
feitures which  may  accrue  ; 

All  lands  and  other  estate  which  shall  escheat  to  the  State  for  want 
of  heirs  or  kindred  entitled  to  the  inheritance ; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the  State 
when  no  special  purpose  is  expressed  in  the  grant,  and  the  proceeds  of 
the  sales  thereof,  including  the  proceeds  of  the  sales  of  the  swam})  lauds 
granted  to  the  State  of  Indiana  by  the  act  of  Congress,  of  the  twenty- 
eighth  day  of  September,  one  thousand  eight  hundred  and  fifty,  after 
deductiug  the  expense  of  selecting  and  draining  the  same ; 

Taxes  on  the  property  of  corporations  that  may  be  assessed  by  the 
General  Assembly  for  common  school  purposes. 

1.  CONSOLIDATION  VOID.     In  so  far  as  this  section  attempts  to  consolidate 
the  Congressional  Township  Fund  with  other  funds,  it  is  inoperative.     The  pro- 
visions of  the  School  Law  of    1852,   which  were  designed  in  pursuance  of  this 
section  to  effect  such  consolidation,  are  in  contravention  of  the  subsequent  section 
7,  and  of  the  congressional  grant  to  the  townships.     Stater.  Springfield  Tp.,  (>  Ind. 
83;  Davis  r.  Indiana,  94  U.  S.  792. 

2.  SALE   OF   SEMINARIES  VOID.     The  provisions   authorizing  the   sale  of 
County  Seminaries  is  void,   impairing  the  obligation  of  contracts.     Edwards  v. 
Jagers,  19  Ind.  407.     Compare  Heaston  •».  The  Board,  20  Ind.  398. 

3.  PENALTIES.     The  fact  that  a  penalty  under  section  6339,  for  making  a 
false  tax-fat,  is  to  be  paid  into  the  county  treasury,  for  the  use  of  the  county,  does 
not  bring  the  statute  into  conflict  with  this  section  of  the  Constitution,  as  such 
penalty  is  not  a  fine  in  the  sense  of  the  word  as  there  used,  108  Ind.  132.     So  the 
statute  turning  over  certain  fines  assessed  for  immorality  to  the  Home  for  Friendless 
Women  is  valid,  sec.  6243;  50  Ind.  215. 

4.  ESCHEATED  REAL,  ESTATE — ESTRAY.     Under  this  section  it  is  ''the  fund 


UUUI 

•••: 


SCHOOL    LAW    OF    INDIANA.  11 

b«-  derived   from  the  sale  of  escheated   real  e>t;ite.?<  rind  not  such  real  estate 
which  becomes  a  part  of  the  common  school  fund,  (53  Ind.  33.     So  money 
arising  from  UK-  sale  of  e.s/ray.s  and  iimp-rtij  taken  tut  rift  belongs  to  the  school  fund 
by  f-.rce  of  the  act  of  1844,  p.  86,  and  K.  S.  1881,  §235;  92  Ind.  353,  sec.  4325a. 

See  s»-<  •.  4.">'J")  and  notes. 

184.  Principal,  a  perpetual  fund.     The  principal  of  the  Common 
School  Fund  shall   remain  a  perpetual  fund,  which  may  be  increased, 
but  shall  never  be  diminished  ;  and  the  income  thereof  shall  be  inviolably 
appropriated  to  the  support  of  common  schools  and  to  no  other  purpose 
whatever. 

1.  This  "fund  must  be  devoted  to  the  support  of  the  common  schools,  with- 
out the  diversion  from  it  of  a  penny  for  any  other  purpose  whatever,"  120  Ind. 

•_'.  The  money  due  the  School  Fund  can  not,  by  any  legislative  contrivance, 
he  kept  out  «>f  it,  nor  can  any  legislative  scheme  be  framed  that  will  preclude  the 
courts  from  a>eertaining  the  facts.  No  official  statement  can  conclude  the  proper 
authorities  and  erect  a  harrier  between  them  and  the  way  to  a  recovery  of  money 
wliich  the  Constitution  imperatively  ordains  shall  inviolably  and  without  diminu- 
tion be  preserved  for  school  purposes.  A  statute  making  the  statement  of  the 
County  Auditors  as  to  the  amount  of  school  funds  held  in  trust  by  their  respective 
counties,  when  approved  by  the  Superintendent  of  Public  Instruction,  "conclusive 

enee  of  the  facts  therein  contained,"  is  unconstitutional,  120  Ind.  282. 

185.  Investment  and  distribution.     The  General  Assembly  shall 

inv-t,  in  sonic  safe  and  profitable  manner,  all  such  portions  of  the 
Common  School  Fund  as  have  not  heretofore  been  entrusted  to  the  sev- 
eral counties,  and  shall  make  provision,  by  law,  for  the  distribution 

among  the  .-everal  counties  of  the  interot  thereof. 

1. — The  word  "invest"  is  construed  a>  broad  enough  to  cover  loans  made 
by  counties,  and  that  the  fund  m.-iy  be  entrusted  to  them  for  that  purpose,  but  it 

not  re>trict  to  that  mode  of  investment.  —  .'57  Ind.  l'2'2. 

186.  Reinvestment.     It  any  county  shall  fail  to  demand  its  pro- 
portion of  such   interest,  for  Common  School  purposes,  the  same  shall 
be  reinvested  tor  the  benefit  of  such  county. 

187.  Counties     Liability.    Tin-  several couotiee shaU be hdd liable 

for  the  preservation  of  BO  much  of  said  fund  as  may  be  entrusted  to 
them,  and  for  the  payment  of  the  annual  interest  thereon. 

1.1  •unty  is  liable  f..r  rent-  derived  from  unsold  congressional 

township  land.      !  >avi-  P.  The  Hoard.  -H  Ind. 

A<  i  ION.      An  action  may  he  sustained  in  the  name  of  the  State  on  the  re- 
lation of  the  Board  of  County  C<>miiii»ionero  to  recover  rent  received  by  a  Town- 
ship Trustee   for    the   lease  of  unsold  school   lands  belonging  to  the  sixteenth 
section,  and  not  paid  by  such  Trustee  into  the  county  treasury.-   H  Ind.  .".S  !M  I". 
"tt,,   792, 

MEOKKI  ii      l.'i  N  i  OF  t'NSOLD  SCHOOL  LANDS.      Monev  derived  from 


12  SCHOOL   LAW    OF   INDIANA. 

the  rents  of  unsold  school  lands  belonging  to  the  sixteenth  section  is  to  be  paid 
into  the  county  treasury,  to  insure  its  just  and  equitable  distribution  to  the  in- 
habitants of  the  congressional  township  in  which  such  section  lies. — 44  Ind.  38. 

4.  POLICY  OF  THE  LAW.     It  is  the  policy  of  the  law  that  all  school  funds 
[revenues]  are  to  be  distributed  to  the  beneficiaries  thereof  through  and  from  the 
county  treasury  to  the  proper  officers  of  the  various  school  corporations — cities, 
towns  and  civil  townships,  44  Ind.  38. 

5.  See  sec.  4326  and  notes. 

188.  Trust  Funds  inviolate.     AU  trust  funds  held  by  the  State 
shall  remain  inviolate,  and  be  faithfully  and  exclusively  applied  to  the 
purposes  for  which  the  trust  was  created. 

1.  EXPENSE  OP  MANAGEMENT.     The  Constitution  requires  the  counties  to 
bear  the  expense  of  managing  the  School  Fund,  103  Ind.  497 ;  65  Ind.  176 ;  90  Ind. 
359;  116  Ind.  329. 

2.  DIRECT  TRUST — STATUTE  OF  LIMITATION  INOPERATIVE.     The  county,  in 
receiving  and  disbursing  the  School  Fund,  acts  as  the  trustee  of  a  direct  trust,  and 
against  such  trust  the  defense  of  the  statute  of  limitations  can  not  be  interposed, 
103  Ind.  497;  106  Ind.  270. 

3.  ACTION  AGAINST  COUNTY.     An  action  will  lie  against  a  county  for  money 
paid  out  of  School  Fund  to  its  officers  for  managing  such  fund,  103  Ind.  497. 

4.  SETTLEMENT  BETWEEN  COMMISSIONERS  AND  COUNTY  OFFICER  DOES  NOT 
CONCLUDE  THE  STATE.     A  settlement  between  the  Board  of  Commissioners  and  a 
County  Auditor  or  other  county  officer  does  not  conclude  the  State  from  maintain- 
ing an  action  to  recover  school  funds  unlawfully  paid  to  an  officer  by  the  board, 
103  Ind.  497;  106  Ind.  270;.  116  Ind.  329,  531. 

5.  DUTY  OF  COMMISSIONERS— FEES — COUNSEL — INTEREST.     It  is  the  duty  of 
the  Board  of  Commissioners  to  prosecute  an  action  against  a  Township  Trustee 
who  refuses  to  account  for  the  income  of  land  'belonging  to  the  Congressional 
Township  Fund,  and  in  the  discharge  of  that  duty  it  is  proper  for  the  Board  to 
employ  attorneys  and  pay  reasonable  fees  for  their  services  out  of  the  proper 
funds;  but  such  fees  can  not  be  paid  out  of  the  moneys  recovered  in  such  proceed- 
ings, as  such  moneys,  under  the  compact  between  the  United  States  and  the  State 
of  Indiana,  and  under  Section  3  of  Article  8  of  the  State  Constitution,  are  in- 
violably appropriated  to  the  inhabitants  of  the  proper  township  for  the  use  of  the 
common  schools,  and  for  any  deduction  made  therefrom  for  attorneys'  fees  or 
otherwise  the  county  is  liable,  under  Sections  6  and  7  of  the  article  cited,  with 
interest  from  the  date  of  diversion.     Attorney's  fees  should  be  paid  out  of  the 
general  county  fund,  116  Ind.  329. 

6.  THE  GRANT  WAS  A  CONTRACT.     The  grant,  by  Congress,  of  the  sixteenth 
section  to  the  inhabitants  of  the  Congressional  townships,  respectively,  was  a  con- 
tract executed  and  incapable  of  revocation  by  the  legislature,  6  Ind.  83 ;  7  Ind. 
570,  636;  22  How.  56;  but  the  School  Law  of  1855  was  held  valid,  7  Ind.  570,  630. 

189.  Superintendent   of   Public    Instruction.    The    General 
Assembly  shall  provide  for  the  election,  by  the  voters  of  the  State,  of  a 
State  Superintendent  of  Public  Instruction,  who  shall  hold  his  office  for 
two  years,  and  whose  duties  and  compensation  shall  be  prescribed  by 
law. 

1.     See  sec.  4406  and  notes. 


THE  SCHOOL  LAW. 


r: 


ARTICLE  I—  THE  FUND. 

[1865,  p.  3.    Approved  and  in  force  March  6,  1865.] 

4325.  "What  constitutes.  The  funds  heretofore  known  and  desig- 
nated as  the  Surplus  Revenue  Fund,  all  funds  heretofore  appropriated  to 
mon  schools,  the  Saline  Fund,  the  Bank-Tax  Fund,  the  fund  -which 
been  derived  or  may  be  derived  from  the  sale  of  county  seminaries 
and  the  property  belonging  thereto,  the  moneys  and  properties  heretofore 
held  for  such  seminaries,  all  fines  assessed  for  breaches  of  the  penal  laws 
of  the  State,  all  forfeitures  which  may  accrue,  all  lands  and  other  estate 
which  shall  escheat  to  the  State  for  want  of  heirs  or  kindred  entitled  to 
the  inheritance  thereof,  all  lands  which  have  been  granted,  or  may  be 
granted  lien-after,  to  the  State,  when  no  special  object  is  expressed  in 
the  grant,  the  proceeds  of  the  sales  of  the  swamp  lands  granted  to  the 
State  of  Indiana  by  the  act  of  Congress  of  September,  1850,  the  taxes 
which  may  1><  assessed  from  time  to  time  upon  the  property  of  corpora- 
tions for  common  school  purposes,  and  the  fund  arising  from  the  one 
hundred  and  fourteenth  section  of  the  charter  of  the  State  Bank  of 
Indiana,  shall  be  denominated  the  "Common  School  Fund."  The 
fund  derived  from  the  sale  of  Congressional  township  school  lands,  and 
the  un.-old  Congressional  township  school  lands,  at  the  reasonable  value 
thereof,  shall  hi-  denominated  the  "Congressional  Township  School 
Fund,"  and  shall  never  be  diminished  in  amount,  the  income  of  which, 
together  with  the  taxes  mentioned  and  specified  in  the  first  section  of 
this  act  [§4465],  the  money  ami  income  derived  from  licenses  for  the 
sale  of  intoxicating  liquors,  and  unclaimed  !<•«•-,  a-  provided  by  law, 
shall  be  denominated  the  "School  Rr\vntie  for  Tuition,"  the  whole  of 
which  is  hereby  appropriated,  and  shall  be  applied  exclusively  to  fur- 
nishing tuition  to  the  common  schools  of  the  State,  without  any  deduc- 
tion for  the  expense  of  collection  or  disbursement.  (2) 


1.     Two  IM-TIMT  IMNIX.     Th  i>  -crt  ion,  in  conformity  with  the  decisions  cited 
under  Const.  183,  provides  that  there  shall  be  two  distinct  funds,  the   "Common 


14  SCHOOL    LAW    OF   INDIANA. 

School  Fund"  and  the  "Congressional  Township  School  Fund,"  which  must  be  kept 
apart  ana1  managed  separately  ($4327).  Under  the  former  title  are  consolidated 
all  the  funds  named  in  the  Constitution,  except  the  Congressional  Township  Fund, 
and  in  addition  thereto  "all  funds  heretofore  appropriated  to  eommon  schools," 
referring  to  all  moneys  arising  from  the  sale  of  astray  animals,  and  property  taken 
up  adrift,  which  were,  by  an  act  approved  January  15,  1844,  transferred  to  the 
Common  School  Fund  of  the  county  to  be  ratably  apportioned  among  the  several 
school  districts  thereof.  Neither  of  these  funds  shall  ever  be  diminished,  for  the 
term  Common  School  Fund  in  the  Constitution  includes  both. 

2.  REVENUES.     Of  the  "School  Revenue  for  Tuition"  the  interest  on  the 
Common  School  Fund,  the  proceeds  of  the  State  tax,  and  the  unclaimed  fees  are 
paid  into  the  State  treasury  and  apportioned  to  the  counties  by  the  Superintend- 
ent of  Public  Instruction  semi-annually  on  the  basis  of  school  population. — §4477- 
4482.     The  revenues  derived  from  the  Congressional  Township  Fund  and  from 
county  liquor  licenses  are  distributed  by  the  county  auditors  to  the  townships  and 
counties  to  which  they  respectively  belong.— §4486  E.  S.  1881,  and  §5316;  State  v. 
Forkner,  70  Ind.  241. 

3.  FEES  OF  OFFICERS.     Xo  deduction  shall  be  made  from  the  school  reve- 
nues for  expense  of  collection  or  disbursement,  but  the  county  auditors  shall  re- 
ceive from  the  general  funds  of  the  counties  the  amount  of  one  per  cent,  on  the 
permanent  school  funds  held  in  trust  by  their  several  counties,  as  compensation 
for  the  management   of    them.— R.  S.    1881,   $5909;    Hanlon  v.   The    Board,   53 
Ind.  123. 

4.  ILLEGAL,  DEDUCTIONS  RECOVERABLE — STATUTE  OF  LIMITATIONS.     By  the 
school  law  of  1855,  and  also  of  1865,  still  in  force  (R.  S.  1881,  §4325),  the  income 
of  the  Common  School  Fund  and  the  taxes  levied  and  collected  for  tuition  are  re- 
quired to  be  applied  exclusively  to  furnishing  tuition  in  the  common  schools  of  the 
State.     Provision  is  made  for  payment  out  of  the  county  fund  of  the  fees  of  offi- 
cers for  collecting,  managing  and  dispensing  the  tuition  fund.     (R.  S.  1881,  $5909, 
5927,  5928.)     From  the  constitutional  and  statutory  provisions  it  is  manifest  that, 
with  reference  to  common  school  funds,  the  State  and  county  act  simply  as  trust- 
ees for  the  benefit  of  the  school  children  of  the  State.     The  county  can  not  re- 
pudiate or  disavow  its  trust,  and  where  it  misappropriates  common  school  funds, 
no  failure  of  the  proper  officers  to  bring  suit  for  any  length  of  time  after  notice  of 
the  misappropriation  can  be  set  up  by  way  of  limitation  to  the  action  to  the  pre- 
judice of   the  beneficiaries  of  the  trust.— State  v.   St.  Joseph  Co.,   90  Ind.  .359; 
Board  of    Com.  v.  State,   103  Ind.  497.  Board  of  Com.  v.  State,  106  Ind.' 270; 
Board  of  Com.  t>.  State,  106  Ind.  53. 

5.  ESTRAYS.     Under  the  first  clause  of  the  schedule  annexed  to  the  Consti- 
tution of  1851,  the  act  of  January  15,  1844  (p.  86  of  act  of  1844),  entitled  "An 
act  converting  the  moneys  arising  from  the  sale  of  estrays  and  property  taken  up 
adrift  into  the  Common  School  Fund,  not  being  inconsistent  with  the  Constitution 
and  not  having  expired  or  been  repealed,  has  remained  and  is  in  force;"  and 
under  its  provisions  and  those  of  $4325,  all  moneys  arising  from  the  sale  of  estray 
animals  and  property  taken  up  adrift,  "so  soon  as  the  same  shall  have  vested  ab- 
solutely in  any  county,"  become  a  part  of  the  Common  School  Fund  of  the  State. — 
Board  r.  State,  92  Ind.  353.     See  sec.  4325a. 

6.  RECOVERY  OF  DEDUCTIONS.     The  statute  of  limitations  of  1852  does  not 
bar  a  recovery  against  a  county  for  misappropriation  of  funds  donated  by  the 


SCHOOL     LAW    OF     IMMANA 


istitution  and  laws  exclusively  to  tuition  in  the  common  schools;  and  the  ap- 
>priation  of  any  part  of  it  to  the  payment  of  ot:  for  collecting  or  man- 

ninda  i>  wholly  unauthorized,  and  a  violation  of  a  trust  which  is  not  in 
of  a  county  to  deny.      -  ..anl  of  r.,mnii->iom-r-,  '.«»   Ind.  .">-~>'.i; 

>rd  of    CommisMoncrfi   0.    State,    !<•:;    Ind.   4'.«7;    Vanarsdall  v.   State,    tio    Ind. 

7.      1  INK-.      A  fine  for  eontcmpt  is  as  much  a  part  of  the  School  Fund  as  any 
ur  line.  -   Alexander  r.  State.  '.»  Ind.  337;   Swift  r.  State.  r,J{  Ind.  Si. 

provisions  of  the  ('(institution  with  refer  --heats 

uting;  and  money  paid  into  the'State  Treasury  for  want  of  heirs 
5,  R.    S.    L881,  do«fl    not    ocheat.  — J/iV//*  /»./•.   Ath/.-<;>:n.:   State 

•  and  notes.] 

•  INHABITANTS.     The  school   law   does  not    conflict    with  the 
,  f  Coi  .  nting  the  sixteenth  .M-ctiou  in   the  several  congressional  town- 

\]«  in  the  State  to  the  inhabitant!  of  such   townships  for  the  use  of  schools. — 
>uiik    r.    Springfield    Township,    7    Ind.    ii.".ti;    State    r.    Springfield     Township, 
ti    h.d.    s:;;    i^uick  v.  Whitewater   Township,    7    Ind.    ~>70;    I>aggett    r.    Bonewitz, 
107  Ind.  2 

10.  LIQUOR  LICKNSK  FEES.      Liquor  license  fees  belong  to  the  county,  there 
wholly-expended   for  tuition  purposes,  and  not   to  the  permanent  Common 
,1  Fund  of  the  State.— R.  S.  1881,  $531 1>;  State  r.  Forkner,  70  Ind.  241. 

1 1.  MANDATE.     Mandate  lies  to  compel  the  proper  application  of  the  funds. 

prider,  96  Ind.  27!». 

12.  STATE  NOT  LIAHI.K  TO  rorxTY.     The   State   it  not  liable  to  a  County 
uer  for  the  collection  of  the  revenue   belonging  to  the   School    Fund. — 

Mii-fii'ifi;  Ait ij.-' 

i.iv  FOIND  ON  DEAD  BODIES.  The  proceeds  of  effects  found  bj 
the  Coroner  on  the  bodies  of  dead  persons  do  not  belong  to  the  Common  School 
Fund,  hut  go  to  the  support  of  the  common  schools  of  the  county,  and  an  action 
to  compel  its  proper  application  can  not  be  prosecuted  on  the  relation  of  the 
Attorney-general. --State  v.  Board  of  Commissioners,  S.">  Ind.  489. 

14.  LOTTERIES.     Lotteries  in  aid  of  schools,  and  gift  exhibitions  are  illegal. 
Whitney  r.  State,  10  Ind.  404. 

15.  TAX  PKNU.TY.     The   provision    of    the   tax    law    (R.    S.    1881,  £6339), 
inflicting  a   penalty  for  a  false  tax  list,  and  turning  the  penalty  into  the  County 
Treasury  for  the  use  of  the  county,    instead   of  for  the  School  Fund,  is  consti- 
tutional. -  -Burgh  v.  State,  108  Ind.  M'J. 

1<>.     Sale  of  escheated  and  other  lands  and  transfer  of  proceeds  to  Permanent 

School  Fund  by  Auditor  of   State.     [See    Acts  IS*!*,  p.  :;n«>.  W.]     An  act  of  1883 

authorized  the  County  Commissioners  to  sell  escheat  lands.    [Sec  Acts  1883,  p.  7'.».] 

17.     The  Auditor  of  State  loans  the  funds  known  as  the  College  Fund  and 

the  Endowment  Fund.     Yories,  Sup't. 

Ctknu  !<'•  and  1*8  and  note-. 

Approved  and  in  force  .January  1">,  1X44.] 

4425a.  Kstrays  and  property  adrift.  1.  All  moneys  arising 
•Yoni  tin-  salt-  «d'  rstray  animals  and  property  taken  up  adrift,  so  soon  as 
tlu-  same  shall  have  vested  absolutely  in  any  county,  shall  !>«•  by  the 
proper  officers  transferred  to  tbe  Common  School  Fund  «•!'  the  county, 


16  SCHOOL    LAW   OF   INDIANA. 

and  shall  be  ratably  apportioned  amongst  the  several  school  districts 
[corporations]  thereof. 

1.  The  above  section  is  in  force,  90  Ind.  353. 

2.  The  Attorney-General  is  the  proper  relator  to  wage  such  suits  on  behalf 
of  the  State,  67  Ind.  148 ;  92  Ind.  353. 

3.  See  note  8,  under  sec.  4325. 

4326.  Counties  liable.     The  several  counties  of  this  State  shal.  be 
held  liable  for  the  preservation  of  so  much  of  said  fund  as  is  intrusted  or 
may  have  been  intrusted  to  them,  and  for  the  payment  of  the  annual 
interest  thereon,  at  the  rate  established  by  law,  the  payment  of  which 
interest  shall  be  full  and  complete  every  year,  and  shall  so  appear  in  the 
Auditor's  report  to  the  Superintendent  of  Public  Instruction;  and  the 
said  Superintendent  shall,  at  any  time,  when  he  discovers,  from  the 
report  or  otherwise,  that  there  is  a  deficit  in  the  amount  collected,  for 
want  of  prompt  collection  or  otherwise,  direct  the  attention  of  the  Board 
of  County  Commissioners  and  the  County  Auditor  to  the  fact,  and  said 
Board  of  Commissioners  are  hereby  authorized  and  required,  to  provide 
for  such  deficit  in  their  respective  counties.     (3) 

1.  INTEREST.     This  section  is  designed  to  carry  out  the  requirements  of  the 
Constitution   ($187).     The  interest  on  the  school  funds  is  at  the  rate  of  six  per 
cent.— §4369. 

2.  DEFICITS  MADE  UP.     The  Board  of  County  Commissioners  is  required  to 
make  up  losses  to  both  the  principle  and  interest  of  the  funds,  at  their  June  meet- 
ing ($4399),  by  authorizing  the  Auditor  to  draw  a  warrant  for  the  amount  of  the 
deficit  upon  the  general  fund  of  the  county  in  favor  of  the  particular  school  fund 
found  deficient,  and  upon  failure  of  the  board  so  to  act,  they  become  liable  to  an 
action  in  the  name  of  the  State  upon  the  relation  of  the  Superintendent  of  Public 
Instruction,  who  may  notify  the  proper  prosecuting  attorney  to  bring  such  action. 

3.  ATTORNEY-GENERAL  AS  RELATOR.     When  suit  is  brought  by  the  State  to 
recover  any  part  of  its  common  school  fund,  the  Attorney-General  is  a  proper 
officer  to  bring  such  suit,   and  is  a  proper  relator  therein. — Board  v.  State,  92 
Ind.  353. 

4.  ATTORNEY'S  FEES.    A  county  may,  and  it  is  its  duty,  to  employ  an  attorney 
to  protect  the  school  fund;  but  it  can  not  pay  him  out  of  that  fund;  it  must  pay 
him  out  of  the  general  county  fund. — Board  of  Com.  v.  State,  116  Ind.  329. 

5.  COUNTY  LIABLE.     The  school  fund  is  entrusted  to  the  county,  and  it  is 
charged  with  the  amount  it  receives;  if  loss  occurs  the  county  has  to  make  that 
loss  good;  and  if  the  money  is  not  loaned  the  county  is  chargeable  with  the  inter- 
est thereon,  and  must  pay  it;  when  this  is  done  the  obligation  of  the  county  has 
been  fully  met.     It  never  was  the  intention  of  the  framers  of  the  Constitution  that 
the  school  fund  should  be  enhanced  at  the  expense  of  the  county,  but  simply  that 
the  fund  should  be  preserved  intact,  and  the  interest  annually  paid. — Board  of 
>Com.  v.  State,  122  Ind.  333. 

4327.  Account  of  Fund.     The  County  Auditors   of  the  several 
counties  of  this  State  shall,  immediately  upon  the  taking  effect  of  this 


SCHOOL    LAW    <>F    INMANA. 

,  open  an  account  upon  their  books  with  each  of  the  congressional 
townships  of  their  respective  counties  whose  funds  are  managed  by 
them,  and  transfer  to  such  account,  from  the  Common  School  Fund  ac- 
count, the  principal  of  the  Congressional  Township  Fund,  as  it  existed 
before  its  consolidation  with  the  Common  School  Fund,  and  shall  there- 

r  keep  a  separate  account  of  the  principal  and  interest  of  the  Con- 
iohal  Township  Fund  of  each  township.  (151) 

1.  SEPARATION  OP  Frxns.     This  F» -ction  requires  the  separation  of  the  Con- 
sional  Township  Fund  from  the  Common  School  Fund,  with  which  it   had 

n  consolidated  by  the  school  law  of  1S.V2,  in  Accordance  with  the  Constitution 
.      Hut  theeourts  ha\v  held  that  the  proceeds  of  thesaleof  the  school  sections 
could  not  be  diverted  from  the  use  of  the  inhabitants  of  the  congressional  town- 
ships, to  whom  tlu-y  had  been  granted  by  the  United.  States. — State  v.  Springtield 
Ind.  N',;  same,  L>:>  How.    I".  S.  5(5;  Quick  r.  Whitewater  Tp.,   7  lud.  570; 
ick  r,  Sprindield  Tp.,  id.  636. 

2.  PROCEEDS  OF  LANDS.     "When  the  school  sections  have  been  sold  the  pro- 
"f  the  saie  arc  mana<_re<Lby  the  County  Auditor,  and  the  interest  thereon 

distributed  by  him  through  the  county  treasury  to  the  proper  School  Trustees. — 
Davi  !  t  Ind.  38;  affirmed,  94  (4  Otto)  U.  S.  7i»± 

3.  See  section  1 87  and  notes. 

[1873,  p.  79.    Approved  and  in  force  March  7,  1873.] 

4328.    Custody  of  lands— Report  of  income.    The  custody  and 

•fall  lands  hcl<  (lining  to  the  Congressional  Township  Fund  shall 
:li  the  Trustee  of  the  civil  township  in  which  the  same  shall  oe  sit- 
uated; who  shall  report,  annually,  to  the  Auditor,  by  the  fourth  Monday 
in  March,  the  annual  income  derived  therefrom,  to  the  township.  And 
the  report  .-hall  embrace  a  fully  itemi/.ed  statement  of  bis  rent  account  of 
Rich  lands;  to  whom  and  for  what  amount  the  same  was  rented  to  each 
tenant;  and  whether  the  rents  have  been  collected  or  not ;  and  if  any 
portion  has  not  hem  c.dlec-  ,,uld  state  fully  the  reasons  why  the 

same  has  not    bee;  d.      Any   Trustee  who  has  heretofore  failed 

and  i  .  report  >hall  embrace  in  his  first  report  such  itemi/.ed 

statement  and  showing  f>r  each  preceding  year  not  so  reported,  whether 
by  himself  or  his  pn-.i  :  and  the  amount  of  School  Funds  for 

any  year,  to  which  such  township  miirht  otherwise  be  entitled,  shall  be 
withheld,  and  not  paid  over  i«.  Mich  Trustee,  if  the  rental  value  of  such 
lauds  for  nidi  terms  .-hall  e<jiia!  !  the  township's  otherwise  por- 

tion of  the  School  Fund;  and  it  shall  be  the  duty  of  such  Trustee 
to  pay  into  the  county  treasury  all  rents  collected  and  reported  by  him 

:d.       (44) 

1.      llr.vr-   DISTRIBUTED.     The  rents  of  school  lands  shall  be  paid  into  the 
county  treasury.  t«>  be  distributed  by  the  Auditor  together  with,  and  in  the  same 

manner  as  tin-  i  .nal  Township  Fund.     And  a  Township 

2 — SCHOOL  LAW. 


18  SCHunL    LAW    OF    INDIANA. 

Trustee  who  fails  to  pay  the  rents  into  the  county  treasury,  as  therein  required,  is, 
with  his  county,  liable  on  his  bond  for  the  amount,  with  ten  per  cent,  damages, 
in  a  suit  in  the  name  of  the  State  on  relation  «f  the  Board  of  Commissioners. — 
Davis  7?.  State,  44  Ind.  38 ;  94  IT.  S.  (4  Otto)  792. 

2.  MUST  BE  PAID  IN  FULL.     The  Trustee  can   not  withhold   a  balance  of 
rent  on  hand  at  the  date  of  settlement,  to  be  expended  in  repairs  during  the  en- 
suing year. — Buskirk,  Atfy-Clrn. 

3.  JUDICIAL  NOTICE.     Courts  will  not  take  judicial  notice  what  lands  were 
substituted  for  the  sixteenth  section,  when  that  section  has  been  sold  and  other 
lands   substituted    for  it.     It  must  be    shown  that  such  substituted  lands   were 
actually  selected  by  the  Secretary  of  the  Treasury,  as  required  by  the  statute  of 
the  United  States.— Peck  r.  L.,  X.  A.  &  C.  K.  K.  Co.,  101  Ind.  766;  Daggett  r. 
Bonewitz,   107  Ind.  276. 

4.  See  sections  187,  188  and  notes. 

5.  THE  EQUALIZATION  OF  REVENUE  among  the  civil  townships  by  taking 
into  consideration  the  congressional  township  revenue  is  constitutional. — 7  Ind. 
570;  10  Ind.  72;  9  Ind.  175;  17  Ind.  344;  14  Ind.  200;  22  U.  S.  56. 

6.  See  section  4486  and  notes. 

7.  SCHOOL  LANDS  NOT  SUBJECT  TO  ASSESSMENT  FOR  DRAINS.     The  con- 
gressional township  lands  in  this  State  are  %  not  subject  to  assessments  in  aid  of 
construction    of  public  ditches  or  drains. — 126  Ind.   261;    same  case,  26  X.  E. 
Rep.  156. 

8.  WHERE  LANDS  WERE  SELECTED   BY  THE   SECRETARY  OF   THE  TREAS- 
URY  FOB    SCHOOL    PURPOSES,    under   act    of    Congress  of    May  20,    1826,    the 
title  vested  in  the  inhabitants  of   that   congressional  township,    and  a  cause  of ' 
action  to  recover  the  possession  of  the  lands  from  one  holding  them  adversely  ac- 
crued at  that  time.     The  fact  that  the  claimant  entered  into  possession  of  the  land 
while  the  title  was  in  the  U.  S.  did  not  prevent  his  holding  from  becoming  ad- 
verse to  the  township  so  soon  as  the  title  vested  in  it. — 29  Ind.  70. 

[1865,  p.  3.    Approved  and  in  force  March  6,1865.] 

4329.  Leasing  lands.  He  shall  have  power,  when  directed  so  to 
do  by  a  vote,  or  by  the  written  direction  of  a  majority  of  the  voters  of 
the  congressional  township  to  which  the  same  belongs,  to  lease  such 
lands  for  any  term  not  exceeding  seven  years,  reserving  rents,  payable 
in  money,  property,  or  improvements  upon  the  land,  as  may  be  di- 
rected by  a  majority  of  such  voters.  (45) 

1.  VOTERS.     The  voters  here  intended  are  such  persons  as  are  entitled  to 
vote  at  general  and  township  elections,  as  denned  in  the  Constitution  (K.  S.  1881, 
£84).     As  the  law  does  not  provide  how  such  vote  shall  be  taken,  a  petition  is  the 
better  mode  of  procedure.     If  signed  by  a  majority  of  the  voters  of  the  township 
the  Trustee  is  bound  to  comply  with  it.     See  27  N.  E.  Rep.  439.     Same  case,  1 
Ind.  App.  34. 

2.  POWER  OF  TOWNSHIP  TRUSTEE.     A  Township  Trustee  has  no  power  to 
lease  the  lands  belonging  to  a  congressional  township,  unless  the  voters  of  such 


LAW    OF    INDIANA. 


township  direct  their  leasing;  ami  a  tenant  taking  a  lease  without  such  direction- 
having  been  given,  does  so  at  his  peril.  —  1  Ind.  App.  .'U  ;  same  case,  27  N.  E. 

439. 

3.  ArnioKiTY  TO  Ixrrit  DKBTS.  No  authority  is  given  township  Trust- 
ees to  incur  debts  in  improving  school  lands.  —  1  Ind.  App.  34;  same  case,  27  N. 
I-!.  Rep.  439. 

14.  CONTRACT—CONDITION  TKE«  KDENTS.  Wherever  the  authority  of  a 
Trustee  to  bind  his  Corporation  by  contract  depends  upon  precedent  conditions, 
one  who  seeks  to  establish  rights  under  such  contract  must>ho\v  affirmatively  that 
all  of  the  antecedent  requirements  were  strictly  complied  with.  —  1  Ind.  App.  o4: 
1C.  Kep.  439. 

4330.  Divided  school  section.     When   the  sixteenth  section,  or 
the  section  which  may  be  in-anted  in  lieu  thereof,  shall  be  divided  by  a 

•unty  or  civil  township  line,  or  where  the  substituted  section  lies  in 
any  other  county  in  the  Stau-,  the  voters  of  the  congressional  township 
to  which  the  same  belongs  shall  designate,  by  vote  or  by  the  written  di- 
tion  of  a  majority,  the  Trustee  of  one  of  the  civil  townships  in- 
cluding a  part  of  said  section,  t<>  have  the  care  and  custody  of  said 
section,  and  to  carry  out  the  directions  of  the  voters  of  the  township  in 
relation  thereto;  and  the  Trustee  so  designated  shall  have  the  same 
jiowers  and  perform  the  same  duties  as  if  the  entire  section  was  situated 
within  the  limits  of  the  civil  township,  and  receive  from  the  County 
Mirer  the  revenue  derived  from  funds  accrued  from  said  sale.  (46) 

1.     See  section  4:\'2\>  and  notes. 

4331.  Boundaries  of  townships.     The  County  Commissioners  of 
each  county  are  required  t<>  conform  the  boundary  <>f  their  civil  town- 
ships to  those  of  <  .nal  townships,  BO  far  as  it   it    practicable  to 
do  80. 

1.  The  County  Commissioners  have  full  power  to  determine  the  boundaries 
of  civil  township.  I!,  g 


Man-h   1_. 

4332.     School    township,    when    county    lines    divide.     Where 

county  lines  divide  a  coir.: -regional  township,  the  proper  officer  in  the 
county  in  which  the  roni:Te.-Monal  school  land-  are  situated,  or  would  be 
Mtuatcd  if  unsold,  shall  control  such  lands  and  the  funds  arising  there- 
from, ;\s  in  this  art  i-  provided.  (1) 

1.     These  six  secti.  i  provide  for  the  transfer  from  one  county 

U>  Another  of  the  principal  of  the  fund  belonging  to  con^re-sional  townships  di- 
vided by  guilty  lines,  so  that  the  share  of  each  part  of  such  township  may  be 
controlled  and  managed  by  the  Auditor  of  the  county  in  which  such  part  lie-. 
This  transfer  of  the  fund  is  intended  to  put  an  end  t«>  the  sy-tern  by  which  an 


20  SCHOOL    LAW   OF    INDIANA. 

Auditor  of  one  county  is  obliged  semi-annually  to  apportion  congressional  town- 
ship revenue  between  the  parts  of  townships  lying  in  his  own  and  other  counties, 
as  provided  for  by  $4432  and  4480,  and  which  proved  very  unsatisfactory  in  its 
working. — Holcombe,  Supt. 

4333.  Auditor's  statement  as  to  children.    When  the  enumer- 
ation is  made  of  children,  under  the  school  laws,  the  Auditor  of  each 
county  shall  furnish  to  the  Auditor  of  the  other  a  statement  showing 
the  number  of  children  in  each  congressional  township ;  and  to  enable 
him  to  do  this  correctly,  the  person  or  officer  making  the  enumeration 
shall  correctly  state  the  number  of  children  in  the  congressional  town- 
ship so  divided  by  county  lines.     (2) 

1.     See  §4472. 

4334.  Auditor's  duty.     The  Auditor  of  the  county  having  con- 
trol of  the  fund  shall  open  an  account  with  the  other  county  as  to  each 
congressional  township,  and  credit  said  other  county  with  all  money  on 
hand,  all  securities  for  lands  sold,  and,  if  any  lands  be  unsold,  with  the 
proceeds  when  sold ;  and,  from  time  to  time,  as  money  comes  in,  shall 
credit  such  county  with  such  money — that  is  to  say,  shall  divide  such 
money  pro  rota  on  the  basis  of  such  enumeration,  and  enter  the  credit ; 
and  shall  pay  over  such  money,  be  it  little  or  much,  to  the  Treasurer  of 
such  other  county,  file  his  receipt  with  the  Auditor,  and  take  a  quietus ; 
and  so  continue  until  the  whole  portion  due  such  other  county  is  paid 
over.     Such  payments  shall  be  made  quarterly,  to  correspond  with  the 
fiscal  year.     (3) 

1.  RECOMMENDATION.     It  is  recommended  that  no  payments  be  made  be- 
tween May  1  and  July  1,  thus  allowing  the  Auditors  of  counties  to  receive  all  re- 
mittances in  time  to  include  them  in  the  June  reports  of  the  Auditors  and  Com- 
missioners to  the  Superintendent  of  Public  Instruction. — Holcombe,  Superintendent. 

2.  In  Ware  v.  State,  74  Ind.  181,  it  was  held  that  a  loan  made  by  the  Au- 
ditor of  a  county  to  himself  was  void,  but  this  wag  so  modified  in  State  v.  Levi,  99 
Ind.  77,  as  to  make  the  mortgage  valid  or  invalid  at  the  option  of  those  having  a 
supervisory  control  over  such  fund.     Such  mortgage  remains  a  subsisting  security 
for  the  loan  against  the  mortgagor  or  his  residue,  for  value,  and  without  notice, 
notwithstanding  the  reimbursement  of  the  School  Fund  out  of  the  county  reve- 
nue§.     (State  v.  Greene,  101  Ind.  532.)     Such  mortgage  bears  the  same  rate  of  In- 
terest after  foreclosure  as  before  maturity.     (Stockwell  v.  State,  101  Ind.  1.)     But 
the  rate  of  interest  would  be  modified  by  the  act  approved  February  17,  1893. 
See  p.  41,  Acts  1893. 

3.  A  County  Auditor  can  not  lawfully  both  lend  and  borrow  from  the  School 
Fund,  and  loans  so  made  and  mortgages  so  executed  are  without  authority  of 
law.— State  v.  Greene,  101  Ind.  532. 

4335.  Account  and  distribution.    Such  Auditor  to  the  county 
controlling  such  lands  and  fund  shall  also  open  an  account%ith  such 
lands  and  with  the  township  in  his  own  county  divided  by  county  line, 


SCHOOL    LAW    OF    INDIANA.  Zl 

id  shall  debit  and  credit  such  accounts  as  he  receives  money  or  secur- 
ies  from  sales  or  collections  from  lands  forfeited  and  re-sold,  and  all 
expenses  in  full  and  regular  order  of  entry  and  accounting,  so  he  can 
tell,  at  any  time,  the  condition  of  the  lands,  funds  and  securities.  He 
shall  collect  in,  as  fast  as  possible,  all  moneys  outstanding,  make  proper 
distribution  as  per  enumeration,  and  credit  the  proper  account  in  said 
county,  and  continue  to  pay  over  to  the  other  county,  as  above  pro- 
vided, until  each  county  has  its  proper  proportion  of  said  funds.  (4) 

4336.  Duties  of  the  other  Auditor.    The  Auditor  of  such  other 
county  shall  open  an  account  with  the  proper  township  in  his  county, 
and  credit  such  fund  as  fast  as  received  ;  and,  when  in  sufficient  amount, 
shall  loan  the  same  as  now  required  by  law.     Both  Auditors  shall  make 
a  statement  of  the  condition  of  the  fund  annually,  at  the  end  of  the 
proper  fiscal  year,  and  file  one  copy  with  the  Superintendent  of  Public 
Instruction,  lay  one  before  the  County  Commissioners  (which  latter  shall 
be  spread  upon  their  record),  and  both  shall  be  sworn  to  by  the  Au- 
ditor.    (5) 

4337.  Account— Re-adjustment.     The  process  contemplated   by 
this  act  shall  continue  so  long  -as  any  lands  remain  unsold,  or  any  secur- 

ties  are  uncollected,  and  until  each  county  stall  have  become  possessed 
of  its  proper  share  of  such  fund  in  money,  when  the  accounts  here  re- 
quired to  be  kept  shall  be  closed  and  reported  as  aforesaid:  Provided, 
That  in  the  year  1890,  and  every  two  years  thereafter,  there  shall  be  a 
re-adjustment  of  said  fund  belonging  to  such  congressional  township, 
upon  the  basis  of  the  number  of  children  enumerated  in  each  part  of 
such  congressional  township,  as  hereinbefore  provided ;  and  the  Auditor 
havinir  a  surplus  of  such  fund,  according  to  such  basis,  shall  pay  to  the 
Treasurer  of  the  county  interested  the  amount  of  money  due  said 
county  upon  the  per  capita  basis  then  existing.  For  the  services  here 
provided  lor,  the  Auditor  shall  be  allowed  the  same  fees  for  records, 
certificates  and  other  labor,  as  is  allowed  by  law  for  other  similar  ser- 
vices. (6) 

1.     The  Auditor's  fees  must  be  paid  out  of  the  General  Fund  of  the  county. — 
.  Note  3. 

[1867,  p.  3.    Approved  and  in  fnroo  March  6,  1865.] 

4338.  Power  Of  Trustee.     The  proper  Trustee  shall  have  all  the 
rights  and   powers  of  a  landlord,  in  his  official  name,  in  eoercing  fulfill- 
ment of  contracts  relating  to  such  lands,  and  preventini:  waste  or  dam- 
age, or  for  the  recovery  of  the  same  when  committed.     (47) 

4339.  Sale  of  school   lands.     At  any  time  when  five  voters   of 
any  congressional  township  shall,  by  petition  to  the  Trustee  having 


22  SCHOOL    LAW    OF    INDIANA. 

charge  of  the  school  lands  belonging  to  such  township,  set  forth  their 
desire  for  the  sale  of  all  or  any  part  or  the  school  land,  the  Trustee 
shall  give  public  notice,  in  five  public  places  in  such  township,  of  the 
time  and  place  in  such  township  when  and  where  balloting  will  be  had 
to  determine  whether  the  lands  shall  be  sold  as  petitioned  for  or  not ; 
which  notice  shall  be  given  at  least  twenty  days  before  the  time  specified 
therein.  (48) 

1.  VOTERS.     The  voters  here  referred  to  are  such  as  are  entitled  to  vote  at 
general  and  township  elections,  by  the  Constitution  (K.  S.  1881,  §84).     See  §4366. 

2.  WHEN  PETITION  NECESSARY.     A  petition  is  only  necessary  where  land 
is  sold  the.  first  time,  and  is  not  necessary  where  it  is  sold  to  recover  the  purchase- 
money.—  McPheters  v.  Wright,  110  Ind.  519. 

3.  PUBLIC  DITCH.     Congressional  Township  land  can  not  be  assessed  for  the 
construction  of  a  public  ditch. — 126  Ind.  261. 

4340.  Proceedings  to  sell.     A  copy  of  such  petition  shall  be  en- 
tered on  the  book  containing  the  record  of  the   proceedings  of  such 
Trustee ;  and  his  action  thereon  shall,  also,  be  recorded.     (49) 

4341.  Ballots.     If  a  voter  favor  the  sale  of  such  lands,  he  shall 
write  on  his  ballot  the  word  "sale;"  if  he  opposes  the  sale,  he  shall 
write  the  words  "No  sale.'.'      (50) 

4342.  Results  of  election.     No  sale  shall  be  allowed  unless  a  ma- 
jority of  all  the  votes  cast  at  such  election  shall  be  in  favor  of  such 
sale ;  nor  unless  the  number  of  votes  constituting  such  majority  shall 
exceed  fifteen.     (51) 

4343.  Certificate  of  vote.     The  Trustee  shall  attend  at  the  time 
and  place  specified,  and  shall  make  out  a  certificate  showing  the  num- 
ber of  votes  given  for  and  against  the  sale ;  which  shall  be  signed  by 
him  and  filed  in  his  office ;  and  he  shall  enter  the  same  upon  his  record- 
book.     (52) 

4344.  Trustee's  duty.     Said  Trustee,  if  satisfied  that  a  majority 
of  all,  and  more  than  fifteen,  voters  have  voted  for  such  sale,  shall  enter 
the  same  on  his  record-book,  and  proceed — 

First.  To  divide  the  lands,  so  voted  to  be  sold,  into  such  lots  as  will 
secure  the  best  price. 

Second.  To  affix  a  minimum  price  to  each  lot,  not  less  than  one  dollar 
and  twenty-five  cents  per  acre,  below  which  it  shall  not  be  sold. 

Third.  To  certify  such  division  and  appraisement  to  the  proper 
County  Auditor,  together  with  a  copy  of  all  his  proceedings  in  relation 
to  the  sale  of  said  lands.  (53) 

1.     RE-SALE  OF  LAND.     Land  having  been  sold  at  the  minimum  price,  and 
forfeited  to  the  township  by  failure  of  purchaser  to  make  deferred  payments,  vests 


\w 


I 


diitely  in  the  township,  ;tml  a  re--ale  of  it  must  lie  governed  l>y  all  tl.- 
iiients  of   tiiis  section.  -  -IT""/////. 

L*.  J>ut  any  excess  above  the  amount  owing  under  tin-  first  appraisement  and 
eak-  shall  be  ]>ai<l  to  the  first  purchaser  or  his  representatives  ',\'.-\-\! . 

3.  When  school  land  which  was  sold  in  1*47,  and  for  non-payment  of  I 

on  the  purchase-money  was  again  sold  in  l*s;-{,  four  wicks'  notice  of   the  latter  sale 
.tlicient  under  the  la\v  then  in  force,  and  no  petition  from  the  voters  of  the 
township  \\  .! -y,  such  petition  being  required  only  when  the  land  i- 

otlered  for  sale.      Mcl'heters  r.  Wright,  110  Ind.  519. 

4.  See  section  4M'>1  and  notes. 

4345.  Order  and  conduct  of  sale— Fee.     Such  certificate-  and  it- 
turn  shall,  liy  such  Auditor,  In-  laid  before  the  Board  of  County  ( 
missioners,  at  their  first  meetinir  thereafter  ;   and  said  Board,  if  :-atisiied 
that  the  requirements  of  the  law  have  been  substantially  complied  with, 
shall  direct  such  lands  to  be  sold;    which    sale    shall  be  conducted  as 
follow-  : 

F'u'tt.      It  shall  be  made  by  the  Auditor  and  Treasurer. 

Second.  Four  weeks'  notice  of  the  same  shall  be  given,  by  posting 
notices  thereof  in  three  public  places  of  the  township  where  the  land  is 
situated,  and  at  the  court-house  door,  and  by  publication  in  a  newspaper 
printed  in  said  county,  if  any — otherwise,  in  a  newspaper  of  any  county 
in  the  State  >ituated  nearest  thereto.  The  sale  shall  be  made  by  the 
Auditor,  at  public  auction,  at  the  door  of  the  court-house  of  the  county 
in  which  the  land  is  situated,  and  the  Treasurer  shall  take  an  account 
thereof;  and  each  of  said  officers,  for  making  such  sale,  shall  receive  a 
:  one  dollar,  to  be  paid  by  the  purchaser.  '(54) 

1.  BOARD  MUST  ACT.  If  the  law  has  been  complied  with  the  Board  may  be 
compelled  by  writ  of  mandate  to  order  the  sale.  The  order  may  be  made  at  a 
sjK-cial  session.  The  land  can  not  be  sold  below  the  appraised  value,  of  which 
the  purchaser  must  take  notice. 

'2.     J'fHLic  SALE.     The  sale  must  be  made  at  the  door  of  the  court-house  of 
the  proper  county,   at  public  auction.      A   private  sale  is  illegal. — McPhet 
Wright,  110  Ind.  r.l'.i. 

X.  n  4H51  and  not- 

IL  l.'M.    Approved  and  in  force  March  ('. 

4346.  Terms    of    sale— Timber.     One-fourth   of    the    purchase- 
money  shall  be  paid  in  hand  and  the  interest  for  the  residue  for  one 
year  in  advance,  and  the  residue  in  ten   years  from  such  sale,  with  like 
interest  annually  in  advance:   and  deferred  payments  shall  be  regarded 
as  a  part  of  ti:  —  ional  township  school  fund,  and  reported  as  such 
by  the  Auditor  to  the  Superintendent  of  Public  Instruction  :     Provided, 
That  when  one-fourth  part  or  more  of  the  value  of  the  lands  so  sold,  at 
the  time  of  such  sale,  shall  consist  of  the  timber  growing  thereon,  the 


24  SCHOOL    LAW    OF    INDIANA. 

« 

terms  of  sale  in  such  case  may  be  as  follows,  viz.  :  At  least  ODe-half  of 
the  purchase-money  cash  in  hand,  and  interest  for  the  residue  for  one 
year  in  advance,  and  the  residue  in  annual  payments  in  not  exceeding 
ten  -years  from  such  sale,  with  like  interest  annually  in  advance ;  and 
in  such  case  the  terms  of  sale  shall  be  set  forth  in  the  notice  provided 
for  in  the  preceding  section :  And  provided  further,  That  whenever  the 
purchaser  of  any  such  land  shall  be  proceeding  to  cut  or  remove,  or 
threaten  to  cut  or  remove;  from  such  lands,  so  sold,  timber  growing  or 
being  thereon,  to  such  an  extent  that  the  land,  after  the  cutting  or  re- 
moval of  such  timber,  shall  not  be  equal  in  value  to  the  amount  of  pur- 
chase-money, with  interest  then  remaining  unpaid,  it  shall  be  the  duty  of 
the  Trustee  of  the  civil  township  in  which  such  land  is  situated  (and  he 
is  hereby  authorized  and  empowered)  to  commence  and  maintain  an 
action,  in  the  name  of  such  township,  in  the  Circuit  Court  of  the 
county,  to  restrain  and  enjoin  the  further  cutting  or  removal  of  such 
timber.  (55) 

1.  INTEREST — CASH  SALES.     Interest  on  deferred  payments  must  be  at  the 
rate  of  six  per  cent. — §4369.     But  sales  may  be  made  for  cash. — §4359.     Not  BO  in 
case  of  lands  forfeited  to  the  school  fund.— §4393,  Note  1. 

2.  INJUNCTION.     It  is  the  duty  of  the  Prosecuting  Attorney  to  bring  the  suit 
of  injunction,  at  the  instance  of  the  Trustee. — Baldwin  Atty-  Gen. 

3.  COUNTY  LIABLE  FOB  INTEREST.     The  county  is  chargeable  with  interest 
on  the  entire  amount  of  the  price  of  the  land,  and  the  default  of  a  purchaser  of 
the  land  in   paying  deferred  installments,  and  its  consequent  forfeiture  of   the 
land  to  the  school  fund,  does  not  relieve  the  county  of  liability  for  interest  on  the 
full  amount. — Board  of  Commissioners  v.  State,  120  Ind.  442. 

4.  RATE  OF  INTEREST.     For  rates  of  interest,  see  section  4369. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4847.  Forfeiture — Re-sale.  On  failure  to  pay  such  annual 
interest  when  it  becomes  due,  the  contract  shall  become  forfeited,  and  the 
land  shall  immediately  revert  to  the  township;  and  the  Auditor  and 
Treasurer  shall  proceed,  forthwith,  again  to  sell  the  same,  in  like  manner 
and  on  the  terms  above  specified.  If,  on  such  second  sale,  such  land 
shall  produce  more  than  sufficient  to  pay  the  sum  owing  therefor,  with 
interest  and  costs  and  five  per  cent,  damages,  the  residue  shall,  when 
collected,  be  paid  over  to  the  purchaser  or  his  legal  representative. 
(56) 

1.  See  sections  4344  and  4394. 

2.  DAMAGES.     The  damages  mentioned  here  and  in  $4390  and  §4392  belong 
to  the  fund  from  which  the  loan  was  made. — Baldwin,  Atty-Gen. 

3.  OVERPLUS.     A  purchaser  who  forfeits  his  land  by  a  failure  to  pay  the 
annual  interest  on  the  unpaid  purchase-money,  is  not  entitled  to  any  overplus 
which  may  result  on  a  subsequent  sale  of  the  land  by  the  State. — Michener,  Atty-Gen. 


SCHOOL    LAW    OF    INDIANA.  25 

4.  EFFECT  OF  FORFEITURE — SURPLUS.     A  forfeiture  under  this  section  does 
not  divert  the  title  of  the  purchaser  to  the  real  estate,  but  simply  authorizes  the 
State  to  sell  the  real  estate  for  its  own  reimbursement,  the  surplus  going  to  the 
purchaser.—  McPheters  v.  Wright,  124  Ind.  560. 

5.  REDEMPTION.     A  purchaser  of  school  lands  having  made  default  in  the 
payment  of  interest  on  the  purchase,  the  lands  were  resold.     By  the  law  in  force 
at  the  time  of  the  purchase,  a  defaulting  purchaser  had  a  right  to  redeem  within 
one  year  after  the  sale;  by  that  in  force  at  the  time  of  the  sale,  and  at  the  time 
of  the  default,  a  delinquent  purehaser  could  redeem  at  any  time  before  the  sale, 
but  not  after.     It  was  decided  that  the  right  to  redeem  was  governed  by  the  latter 
law.— M«ore  v.  Seaton,  31  Ind.  11. 

4348.  Forfeiture,  how  prevented.    At  any  time  before  the  sale, 

payment  of  the  interest  due  and  all  costs,  together  with  two  per  centum 
damages  on  the  principal  sum  and  interest  due  and  owing  for  said  land, 
shall  prevent  such  sale,  and  revive  the  original  contract.  (57) 

4349.  Forfeiture— Liability  for   waste.    In  case   of   such  for- 
feiture, the  original  purchaser  may  be  sued  for  waste  or  unnecessary  in- 
jury done  to  such  land.      (58) 

4350.  Suit  for  waste.     Such  suit  shall  be  prosecuted  by  the  Aud- 
itor, in  the  name  of  the  State,  for  the  use  of  the  proper  congressional 
township.      (59) 

4351.  Private  sale.     When  any  land  offered  for  sale   at  public 
auction  shall  remain  unsold,   the  County  Auditor  may  dispose  of  the 
same  at  private  .-ale  for  the  best  price  that  can  be  had  therefor,  not  be- 

tlian  the  minimum  price  affixed  thereto.      (60) 

1.  WIII:N  BALE  AITHOKI/.KD.     This  section   authorizes  a   private  sale  only 
where  the  land  has  Wen  offered  for  sale  at  public  auction  and  remains  unsold. — 
Me- 1'heters  r.  AV  right,  110  Ind.  519. 

2.  For  ''the  minimum  price,"  see  section  4.".  14. 

4352.  Re-appraisement.     After  the  expiration  of  the  term  of  four 

-  after  any  appraisement  and  oifer  for  sale  of  any  lands  in  this  State 
belonging  to  any  township  for  school  purposes,  and  such  lands  remain 
unsold,  it  shall  he  lawful  to  re-appraise,  sell  and  dispose  of  said  lands  in 
the  .-a me  manner  that  they  would  have  been  had  such  lands  not  been 
previously  offered  for  sale:  Provided,  however,  That  such  appraised 
value  shall  not  be  below  the  minimum  price  now  fixed  by  law.  (61) 


[1883,  p.  75.    Approved  and  in  f.>n-c  March  3, 1883.J 

4352a.     Advertisement  of  Funds.     Whenever,  in  any  county  of 

the  Su.te  of  Indiana,  the  scho»4  fund,  or  any  part  of  the  school  fund,  ap- 
portioned to  such  county  to  be  loaned  out,  remains  unloaued,  it  shall  be 
the  duty  of  the  Auditor  of  said  county  t<»  advertise,  in  the  month-  of 
January,  April,  July  and  October,  for  three  consecutive  weeks,  in  a 


-6  SCHOOL    LAW    OK    [XDfAXA. 

weekly  newspaper  published  in  said  county,  that  such  amount  of  school 
fund  remains  unloaued,  and  that  applicants'  for  loans  can  secure  the 
same  by  applying  at  his  office  and  fulfilling  the  requirements  of  the  law 
under  which  he  is  authorized  to  loan  out  the  school  fund.  (1) 

[1883,  p.  79.    Approved  and  in  force  March  :?,  1883.1 

4352b.  Re-appraisement  of  Forfeited  Lauds.  All  lands  which 
have  become  forfeited  and  have  reverted,  or  may  hereafter  be  for- 
feited and  revert  to  the  various  townships  in  the  several  counties  of 
this  State,  for  failure  to  pay  the  interest  or  principal  of  the  amount  due 
thereon  to  the  school  fund,  and  which  have  remained  or  hereafter  re- 
main unsold  for  the  period  of  three  years,  by  reason  of  the  amount  due 
thereon  being  in  excess  of  the  values  of  said  lands,  may  be  re-appraised 
and  sold  for  a  sum  not  less  than  said  re-appraised  value  thereof;  and 
such  re-appraisement  and  sale  to  be  made  in  the  same  manner  and  upon 
the  same  terms  and  conditions  as  is  now  prescribed  by  law  for  the  ap- 
praisement and  sale  of  such  lands.  (1) 

1.  For  method  of  appraisement,  see  section  4393. 

2.  The  above  section  provides  for  the  re-sale  of  lands  forfeited  and  reverted 
to  the  State  by  reason  of  non-payment  of  interest  or  principal  due  thereon;  while 
section  4352  provides  for  the  re-offering  and  sale  of  lands  which  have  previously 
been  offered  for  sale,  but  which  were  not  sold. 

3.  For  forfeiture  and  re-sale  of  congressional  lands,  see  sections  4347  and 
4114s. 

4.  For  forfeiture  and  re-sale  of  lands  mortgaged  to  secure  either  the  congres- 
sional or  common  school  funds,  see  sections  4383  and  4393. 

5.  Under  the  above  statute,  a  re-appraisememt  and  sale  may  be  made  at  the 
expiration  of  three  years,  if  the  first  offer  should  fail. 

4352c.  Appropriation  by  Commissioners.  Upon  the  sale  of 
such  lands  as  provided  for  in  the  preceding  section  of  this  act,  the  Board 
of  County  Commissioners  of  the  several  counties  in  which  said  lands  are 
situated  may  make  an  appropriation,  from  the  general  county  funds, 
a  sum  equal  to  the  difference  between  the  amount  for  which  said  lands 
shall  have  been  forfeited  and  the  amount  for  which  such  lands  shall  have 
last  sold  ;  said  sum  appropriated  to  be  placed  to  the  credit  of  the  proper 
fund  and  loaned  as  other  school  funds  are  loaned.  (2) 

1.     As  the  county  is  liable  for  all  deficits  in  the  funds  intrusted  to  it,  this 
section  is  mandatory. — Sec.  4326  and  Notes. 

4353.  Certificate  of  purchase.  A  certified  statement  of  such 
sale  shall  be  made  and  signed  by  the  Auditor,  and,  being  first  recorded 
by  such  Auditor  in  the  records  of  the  Board  of  County  Commissioners, 
shall  be  delivered  to  the  purchaser  when  he  makes  his  first  payment, 


S4  IIOOL    LAW    OF    INDIANA. 

and  shall  entitle  him  to  a  deed  when  the  terms  of  such  purchase 
have  been  fully  complied  with.     ((VJ) 

(1.  Juixi.MKXT,  NO  LIEN.  A  judgment  is  no  lien  on  land  held  by  a  certificate 
issued  under  this  section. — Jeffries  r.  Sherburn,  21  Iml.  112. 
4354.  Rights  of  purchaser.  Every  purchaser,  until  forfeiture, 
shall  be  entitled  to  all  the  rights  of  possession  before  existing  in  such 
Trustee  or  township,  and  to  all  rights  and  remedies  for  rents  becoming 
due  or  breaches  of  covenant  occurring  after  his  purchase  under  any 
lease  existing  at  the  time  of  his  purchase,  and  for  all  waste  committed 
thereafter.  (63) 

1.  KsTori'KL.  When  the  inhabitants  of  a  township  hud  received  a  part  of 
the  purchase  money  of  school  lands,  and  interest  for  several  years  on  the  balance, 
and  expended  the  money  for  the  purposes  contemplated  by  the  grant,  and  the 
purchaser  had  taken  possession  and  made  valuable  improvements,  it  was  held 
that  they  must  l>e  deemed  to  have  acquiesced  in  the  sale,  and  that  they  are  estop- 
ped to  deny  its  validity.— State  r.  Stanley,  14  Ind.  40l>. 

4355.  Failure  to  make  first  payment— Penalty.    A  purchaser 

at  such  sale  failing  to  make  the  first  payment  as  above  reoiiired  shall 
pay  ten  per  centum  on  the  sum  bid,  to  be  recovered  l»y  action  before 
any  Court  having  jurisdiction,  to  be  prosecuted  by  the  County  Auditor 
in  the  name  of  the  State  for  the  use  of  the  proper  township;  and  the 
Auditor  and  Treasurer  shall  he  competent  witnesses.  (64) 

4356.  Assignments.      N«»  alignment  of  a  certificate  shall  be  valid 
unless  acknowledged  before  HHMC  officer  authorized  to  take  acknowledg- 
ments of  deeds,   or  before  tin-  County  Auditor,  who  shall,   in  all  such 

B,  record  the  same.  Alignments  of  ccrtifirates  heretofore  made 
before  any  officer  authorized  to  take  acknowledgment*  of  deeds,  when 
recorded,  .-hall  be  as  valid  as  if  acknowledged  before  the  County 
Auditor.  (' 

[18fv.,  p.  11.     Approved  IVhruary  '21,  isir,,  ;n.,l  in  fm-.-t-  O,-t.,l>rr  10,  1863.] 

4357.  Delwt  ivr  assignments --Proceedings.     Whenever  the 

certificate  of  the  School  Commissioner  or  Auditor  of  any  county  of  this 
State,  issued  for  land  sold,  has  hern  assigned  by  any  person  without  a 
proper  acknowledgment  before  the  County  Auditor  or  other  proper 
officer,  "i  aligned  bv  delivery,  and  such  a.-si-nor  is  deceased,  any 
nee  of  Mich  certificate,  claiming  title  to  the  land  described  therein, 
may  tile  his  complaint  in  the  proper  Circuit  Court,  making  the  County 
Auditor  and  the  heir-  of  Mich  dccea.-«-d  u-M-nor  parties  thereto.  It'  it 
shall  be  p roved  to  the  >ati>faetion  <>f  the  Court  that  the  plaintiff,  or  any 
party  to  the  cause,  i>  the  equitable  owner  of  the  land,  and  the  purchase 
money  has  been  fully  paid  to  the  school  fund,  the  Court  shall  direct  the 


28  SCHOOL    LAW    OF   INDIANA. 

Auditor  to  execute  a  proper  conveyance  to  the  plaintiff  or  other  parties 
entitled  thereto,  although  the  certificate  has  not  been  properly  assigned 
or  the  assignment  thereof  properly  acknowledged  by  the  decedent.  All 
other  persons  claiming  any  interest  in  the  land  may,  on  their  applica- 
tion, be  made  parties  and  heard  in  the  case.  The  Auditor  shall  execute 
a  conveyance,  according  to  the  directions  of  the  Court ;  and  such  con- 
veyance shall  vest  in  the  grantee  the  title  of  said  land  as  fully  and  to  all 
intents  and  purposes  as  if  the  certificate  had  been  legally  assigned  and 
the  assignment  properly  acknowledged. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4358.  Loan  of  Purchase-money.     When  the  residue  of  the  pur- 
chase-money becomes  due,  the  purchaser  may  retain  the  same  as  a  loan 
for  a  term  not  exceeding  three  years,  on  payment,  annually  made  in 
advance,  of  the  interest  thereon,  at  the  rate  then  established  by  law  for 
the  loans  of  such  funds ;  but  he  shall  receive  no  deed  until  full  pay- 
ment is  made.     (66) 

4359.  Payments.     Purchasers  may,  at  any  time  before  due,  pay  a 
part  or  the  whole  of  such  purchase-money.     (67) 

4360.  Lost  Certificate.     When  any  such  certificate  shall  be  lost 
before  a  deed  be  made,  on  proof  thereof  by  affidavit  of  the  person  in- 
terested, or   other   competent   testimony,  to  be  filed  with  the  County 
Auditor,  and  after  three  months'  notice  of  intention  to  apply  for  a  new 
certificate,  given  in  some  newspaper  printed  nearest  to  where  the  land 
lies,  such  Auditor  may  issue  the  same  to  the  person  entitled  thereto. 
(68) 

1.     If  a  certificate  is  lost,  a  new  one  may  be  issued  to  the  purchaser,  even  to 
a  grantee  of  the  purchaser. — Hinkle  v.  Morgerum,  50  Ind.  240,  244. 

4361.  Purchase-money,  where  paid.    The  purchase-money  and 
interest,  and  all  costs  and  damages  above  provided  for,  shall  be  paid  to 
the  Treasurer  of  the  proper  county,  and  his  receipt  therefor  filed,  by 
the  person  paying,  with  the  County  Auditor,  who  shall  issue  his  quietus 
therefor.      (69) 

4362.  Duty  of  Auditor.     When  such  payment  is  in  completion  of 
any  contract  of  sale,  the  amount  of  such  receipt  shall  be  indorsed  by 
the  County  Auditor  on  the  certificate  of  purchase.     (70) 

4363.  Deed.     On  full  payment  for  such  land,  a  deed  shall  be  issued 
by  the  County  Auditor,  and  entered  upon  the  record-book  of  the  Board 
of  County  Commissioners.     (71) 


SCHOOL    LAW    OF    INDIANA. 


29 


[1877,  p.  139.    Approved  and  in  force  February  8, 1877.] 

4364.  Sale — Legalization.  In  all  cases  where  school  lands  have 
been  sold  and  certificate  has  either  been  issued  to  the  purchaser  or  en- 
tered of  record  in  the  proper  office,  or  otherwise,  so  the  purchaser  en- 
tered int«  possession  and  paid  part  of  the  whole  of  the  purchase-money, 
or  could  have  entered  into  occupancy,  such  sale  shall  be  deemed  and 
held  a  sale  under  the  law,  as  much  as  it  would  be  had  a  deed  been  made 
and  delivered  and  the  fee  had  been  passed  to  the  purchaser;  and  such 
lands  shall  be  deemed  and  held  as  having  been  sold,  so  as  to  make  them 
liable  to  taxation,  within  the  meaning  of  the  law,  as  fully  and  com- 
pleit -ly  as  they  would  have  been  had  a  deed  been  delivered.  All  ap- 
praisements of  lands  so  sold,  and  all  assessments  of  the  same  for  taxes, 
and  all  levies  and  collections  of  taxes  thereon,  heretofore  made,  are 
hereby  legalized  and  declared  to  be  lawful  and  valid,  and  shall  in  nowise 

subject  to  question  by  reason  of  such  sale  not  having  been  consum- 

tted  by  execution  and  delivery  of  deed.     (1) 
1.     See  R.  S.  1881,  §6519. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4365.  Title,  when  complete.     Such  deed  shall  be  executed  and 
acknowledged,  at  the  cost  of  the  grantee,  by  the  County  Auditor,  as  in 

other  cases ;  an.l,  thus  executed  and  delivered,  shall  vest  in  the  grantee, 
his  heirs  an«l  assigns,  forever,  a  complete  title  to  the  land.  (72) 

4366.  Sale  had  without  vote.     The  voters  of  any  congressional 
township  may,  in  the  ab.-ence  of  a  vote  to  sell  land,  and  in  lieu  thereof, 
petition   the  Trustee  of  the  township  for  such  sale.     Such  petition,  if 

1  by  a  majority  of  all  the  voters  of  the  township,  shall  be  filed 
with  the  Onmty  Auditor,  and  the  same  proceeding  shall  be  had  as  pro- 
vided in  section  lifty-four  [£4.'U.">],  upon  a  vote  of  the  inhabitants  of 
the  township  for  such  sale.  Such  petition  and  certificate  shall  be  re- 
corded in  the  record-book  of  the  Trustee  of  the  township  and  of  the 
County  Auditor  of  the  investment  of  funds  held  for  the  benefit  of  com- 
mon schools  and  congressional  townships. 

1.  '.   i:«'f   1.     After  a  petition  lias  l»rm  recorded,  signers  thereof 

can  not  withdraw  tlu-ir  names  in  onl-  a  the  sale. 

4367.  ranijM'iisation    on  failure    of  title.    When  any  officer 

authori/ed  to  sell  school  lands  shall  have  sold  any  lands  without  a  title 
thereto,  such  officer,  or  his  succcs.-or  in  office  may  convey  such  other  lands 
of  (Mjual  value  as  may  be  agreed  upon  by  such  officer  and  the  purcha-er. 
his  heir.-  or  a-.-Lrns  ;  or,  iailinir  to  make  such  agreement,  the  purchase- 
money,  with  interest,  shall  be  repaid  to  the  purchaser,  his  heirs,  exec- 
utors, administrators  or  assigns;  but  no  such  purchase-money  shall  be 


30  >t  HOOL    LAW    OF    INDIANA. 

thus  repaid  until  the  proper  Prosecuting  or  District  Attorney  shall  have 
investigated  the  facts  of  the  case  and  certified  to  the  correctness  of  the 
claim.  (150) 

1.  The  Bale  of  school  lands  in  unauthorized  subdivisions,  made   prior   to 
March  3,  1855,  was  legalized  by  an  act  of  1855  (p.  144). 

2.  The  rate  of  interest  in  such  case  is  six  per  cent. — §4369. 

3.  This  section  does  not  apply  to  title  of  lands  mortgaged  to  school  fund  and 
sold  by  the  Auditor.— §4383,  note  4, 

[1855,  p.  49.    Approved  March  1, 1855,  and  in  force  August  17, 1855.] 

4368.  Lands  of  surplus  revenue  fund,  how  sold.    Where  the 
surplus  revenue  fund  belonging  to  common  schools,  in  any  county  in  this 
State,  or  any  part  of  such  fund,  has  by  any  means  become  invested  or 
changed  into  real  estate,  the  Board  of  Commissioners  of  such  county 
are  hereby  authorized  to  dispose  of  the  same,  by  sale,  in  such  manner 
as  may  seem  best  for  the  interest  of  the  common  school  fund,  and  to  re- 
invest the  proceeds  of  such  sale  in  the  manner  directed  by  law  for  the 
investment  of  other  moneys  belonging  to  the  common  school  fund.     (1) 

1.     NOTE.     This  section  is  probably  obsolete  since  the  consolidation  of  the 
school  funds. 

[1893,  p.  41.    Approved  and  in  force  February  17, 1893.] 

4369.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  Indiana, 
That  section  1  of  the  above  entitled  act  be  amended  to  read  as  follows : 
Section  1.     The  principal  of  all  moneys,  whether  belonging  to  the  com- 
mon school  fund  or  to  the  congressional  township  school  fund,  received 
into  the  county  treasury  shall  be  loaned  at  6  per  cent,  per  annum,  pay- 
able annually  in  advance,  and  the  interest  paid  out  as  prescribed  by  the 
school  law  of  this  State,  and  not  otherwise ;  and  any  judgment  upon 
any  note  or  mortgage  for  any  part  of  said  fund  shall  bear  6  per  cent, 
interest  from  the  date  thereof  till  the  same  is  paid ;  and  no  greater  rate 
of  interest  than  is  herein  specified  shall  be  exacted  or  received  upon  any 
loan  heretofore  made  at  the  rate  of  8  per  cent,  per  annum  shall,  from 
and  after  the  taking  effect  of  this  act,  draw  6  per  cent,   interest  per 
annum,  the  same  as  if  negotiated  under  the  provisions  of  this  act. 

All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  this  act 
are  hereby  repealed.  (2) 

An  emergency  existing  for  the  immediate  taking  effect  of  this  act, 
the  same  shall  be  in  force  from  and  after  its  passage.  (3) 

1.  REPEAL.     This  repeals  the  acts  of  March  2,  1889,  (acts  1889,  p.  81.) 

2.  REBATE.     An  agreement  to  rebate  a  portion  of  the  interest  out  of  the 
county  revenue  is  without  authority  of  law  and  of  no  effect. — Michener,  Atty-G*'n. 


SCHOOL    LAW    OF    LM>iA.\A. 


.75.     Apprnvi-l  i.n<l  in  tnn-e  M.-in-h  .">.  U 

!69a.     Advertisement  of  funds.     Whenever,  in  any  county  of  the 
State  of  Indiana,    the  school    fund,    or   part   of  the   school   fund,   appor- 
tioned to  such  comity  to  l.e  loaned  out,  remains  unloaiied,  it  shall  he  the 
duty  of  the  Auditor  of  said   county  to  advertise,  in   the  months  of 
nary,  April,  July  >\nd  October,  for  three  consecutive  weeks,  in  a  weekly 
newspaper  published   in   said  county,    that  such    amount  of  the  & 
fund    remains   unloaned.    and   that   applicants   for  loans  can    secure  the 
same  by  applying  at  his  office  and  fulfilling  the  requirement!  of  the  law 
under  which  lie  is  authorized  to  loan  out  the  school  fund.      (1) 


[Acti 


Approval  iiti'l   in    torn-   March  »>,  1865.] 


70.      Auditor's  duty.      Such   loans  shall   be  made  by  the  County 

uditor,  who  shall  inform  himself  of  the  value  of  the  real  estate  offered 
tin-  mortLraire  and  be  satisfied  of  the  validity  of  the  title  thereof;   and 
1  persons  applying  for  a  Joan  .-hall  produce  to  .-aid  Auditor  title-pap 
wing  to  his  satisfaction,  a  irood  and  sufficient  title  in  fee-simple,  with- 
t  incumbrance,  [and]  not  derived  from  tale  for  taxes.      (75) 

1.      I'd  The  existence  of  an  incumbrance  to  the  knowledge  of 

.ditcr  does  not  invalidate  the  mortgage  a-  again.-t  the  borrower.-  Dem 
Staty.,   1W  Ind.  41»i. 

'  A  loan  itn  personal  security  only,  without  a  mort- 

•hon.iih  a  violation  of  the  Auditor's  duty,  is  neveriiieless  binding  14.011  the 
uer  and  the  surety.—  Scotten  9.  State,   ">1   Ind.  -VJ. 

:  \  IO  HIMSELF  UNLAWFUL.  A  mortgage  executed  l»y  a  County  Audi- 
t-T  t<.  secure  a  loan  of  a  part  of  the  common  M-JH  ol  fund  made  to  himself  is  valid 
or  invalid  at  the  option  of  thu.-e  having  the  supervisory  control  of  the  fund.  The 
loan  is  unlawful  as  against  puldic  policy,  and  i<  a  htvaeh  of  the  Auditor's  otHcial 
hond,  but  the  i.,  ;y.  both  to  the  Auditor  and  those  Claiming  under  him, 

•  rted   to  and  enforced    a-  a  means  of   reimbur.-ing  tlie   fund,    looking  to  the 
Auditor  and   his  sureties   f..r  any  delieieney  that   may  remain  after  the  mort_ 
land  has  been    exhauMed.      State  ft    Levi.  H'.J  Ind.  77.      See  also  Stoekwell  c.   - 
K'l  Ind.  1;  State  9.  Greene,  101  Ind.  .",:;•_>.  and  Ware  p.  Ware.  71  Ind.   1M. 

4371.  Appraisement.      The    Auditor  shall    require   three   «li.-i; 
freeholders  of  the   neighborhood    to  appraise   any   land 

•     (76) 

4372.  Ihlt.Y  «)f  appraisers.      Such   appraiser.-,    bein_r  tirst  ofiicially 
t-worn,  shall  examine  ami   apprai.-e  ,-uch    land,  and  .-i^n   and    -'ive  to  UK- 
applieaiit  a  certiticate.  >ettiii'_r  forth  tlie  fair  <-ash  value  of  the  land  nt  t\\>- 
time,  without  taking  into  COHflideratioo   p«-ri<hal)K'  improvcmr; 


32  SCHOOL    LAW    OF    INDIANA. 

[  1885,  p.  195.    Approved  April  11, 1885,  and  in  force  July  18, 1885.] 

4373.  Loans  outside  of  county.     In  making  such  loans  prefer- 
ence shall  be  given  to  the  inhabitants  of  the  county :     Provided,  That 
whenever  any  of  such  funds  shall  have  remained  in  the  treasury  of  any 
county  to  which  the  same   may  belong  for  a  period  of  three  months, 
without  being  loaned  to  any  inhabitant  of  said  county,  then  the  Auditor 
of  said  county  may  loan  the  same  to  any  freeholder  of  any  other  county 
in  Indiana,   upon  his  complying  with  the  law  regulating  such  loans. 
When  the  land  received  as  security  for  any  such  loan  is  situated  in  any 
county  of  the  State  other  than  the  one  in  which  the  loan  is  made,  and 
there  is  default  in  the  payment  of  interest  or  .principal,  the  Auditor  of 
the  county  making  the  loan  shall  at  once  transmit  to  the  Auditor  of  the 
county  where  the  land  is  situated  a  certified  copy  of  the  note  and  mort- 
gage given  for  the  loan,  with  a  statement  of  such  default  in  payment, 
and  the  Auditor  of  such  latter  county  shall,  upon  such  certified  copy,  at 
once  proceed  to  enforce  the  collection  of  such  loan  either  by  suit  or  sale 
of  the  land,  as  is  now  provided  by  law ;  and,  after  receiving  such  certi- 
fied copy  by  said  Auditor,  all  steps  taken,  and  all  proceedings  had,  with 
reference  to  said  loan  or  the  land  which  was  mortgaged  shall  be  the  same 
as  if  the  loarr  had  originally  been  made  out  of  the  funds  belonging  to 
said  county ;  and  all  money  collected  or  realized  upon  such  loan  shall  at 
once,  as  soon  as  collected  or  realized,  be  paid  over  to  the  Auditor  of  the 
county  having  made  the  loan.     (78) 

1.     Heretofore  loans  could  not  be  made  on  property  situated   outsidfc  the 
county.     Skelton  v.  Bliss,  7  Ind.  77. 

4374.  Limit  of  loan.     The  amount  loaned  to  any  person  shall  not 
exceed  two  thousand  dollars.     (79) 

1.     See  also  $4378.     The  limit  previous  to  this  act  was  one  thousand  dollars. 
[1881,  p.  99.    Approved  and  in  force  April  14,  1881.1 

4375.  Certificate  as  to  liens.     An  applicant  for  a  loan  of  a  part 
of  the  common  school  fund  or  of  the  congressional  township  school  fund 
shall  file  with  the  Auditor  of  the  county  the  certificate  of  the  Clerk  and 
Recorder  of  the  county,  that  there  is  no  incumbrance  on  the  land  offered 
as  a  security  for  the  loan  in  either  of  said  offices  :     Provided,  That  where 
the  records,  books  and  papers  of  the  Clerk's  office  have  been  destroyed 
by  fire,  the  Clerk's  certificate  shall  only  state  the  fact  and  date  of  such 
destruction,  and  that  there  is  no  incumbrance  on  said -land  appearing 
from  any  of  the  records,  books  and  papers  then  on  file  in  his  office,  and 
that  there  is  no  incumbrance  on  said  land  in  his  office  of  which  he  has 
any  knowledge.     The  applicant  shall  also,  in  such  case,  execute  to  the 


LAW    «•!••    INIHANA. 


33 


the  i 

± 


te  of  Indiana,  for  the  IK  nctit  <>f  the  common  school  fund,  a  bond, 
with  one  or  nmiv  freehold  sureties  to  the  approval  of  the  Auditor,  con- 
ditioned for  the  payment  of  so  much  of  the  loan  as  may  he  lost  by 
reason  of  any  incumhrance  or  lien  upon  the  land  which  was  evidenced 
Ity  the  records,  hooks  or  paper  in  the  Clerk's  office  which  have  been 
red.  (1) 

1.     <i\s  MR  <»ii.   I.rvsr:.      A  Lease  of  lands  for  the  purpose  of  drilling  oil  or 
lls,  <>r  for  the  purpose  of  piping  oil  or  gas,  is  an  incumbrance  on  such  lands 
within  ihe  meaning  <>f  this  .statute.-  Michcner,  Atty-' 

'2.     Kvini  N'  r.      1 'or  the  purpose  of  showing  that  the  law  was  complied  with  in 
making  a  loan,  the  certificate  of  the  Clerk  and  Recorder,  and  the  affidavit  of  the 
mortgagor,   are  competent  evidence  to  show  a  compliance  with  this  statute.— 
.ell  r.  State,  101  Ind.  1. 

3.  PKIOR  LIEN.     At  the  time  the  loan  was  made  there  was  a  prior  incum- 
brance on  the  lands  mortgaged,  of  which  fact  the  Auditor  had  notice  by  the  bor- 
rower's affidavit  of  title.  }>ut  it  was  held  that  the  mortgage  was  valid  as  against 
the  borrower. — Demi-  .  23  Ind.  41 1>. 

4.  N  "R-    l!:Ki:i-ri.Ai;n  v    or  LOA.V.     A   complaint  to 
in  a  sale  of  land  r  to  satisfy  a  School   Fund  mortgage, 

ich  -hows  that  the  plaimilf,  after  the  mortgage  was  executed,  purchased  the 
land  under  the  foreclosure  of  a  secret  vendor's  lien  antedating  the  mortgage,  and 
that  the  plaintiff,  at  the  time  the  mortgage  was  executed,  held  a  judgment 
against  the  mortgagor,  but  makes  no  claim  of  title  under  that  judgment,  and  al- 
.;rtlier  that  the  Auditor  in  taking  the  mortgage  failed  to  require  an  oath  of 
the  mortgagor,  and  a  ler,  that  the  land  was  un- 

incnnih.  red,  ami  al>o  failed  to  hav  the  property  appraised,  as  provided  bylaw, 
uflicient  to  entitle  the  plaintiff  to  an  injunction  or  to  avoid  the  mortgage. — 
Win>tandley  r.  Trim,  117  Ind. 

[1865,  p.  3.    ApiTove'l  and  in  force  March  6, 1865.1 

4376.  Oath  of  Applicant.     Such  applicant  shall  make  oath  that 
then-  i>  ii"  incumbrance  <>r  heiter  claim,  that  hekn<»\vs  of,  and  that  the 

aii.-tract  of  the   title  presented   by   him   is,   as  lie   bell  true  one. 

(81) 

1       A  failure  to  make  the  milidavit  does  not  render  ihe  sale  void.  —  Winstand- 
<  rim,  117  Ind. 

It  is  doubtful    if  a   married  woman,  after  making  the  statement   required 
by  law.   can  defeat   the    i.  iu<  in   on   tin-  srround   that  she  gave  the 

mortgage  as  surety  for  her  hushand.  —  >  ind.    !_•'). 

4377.  Tinn»  of  Loan.     N-»  luan  shall  he  made  lor  a  longer  term 
than  live 

[18s-  •  •  force  July  IS,  1885J 

437S.      Limit  of  L'wii.     The  .MIDI  loaned  shall  not  exceed  one-half 

of  the  appraised  value  <>{'  the  premies  proposed  to  he  mortgaged,  clear 

of  all  perishable  impi  That  where  such  premises 

3— S-M",  i.   I.\\v. 


34  SCHOOL    LAW    OF    INDIANA. 

are  situated  in  a  county  other  than  that  which  such  fund  may  belong, 
the  sum  loaned  thereon  shall  not  exceed  one-fourth  of  the  appraised 
value  of  such  premises,  exclusive  of  perishable  improvements.  Such 
value  to  be  determined  by  existing  laws  of  the  State  of  Indiana.  It  is 
hereby  made  the  duty  of  the  Board  of  Commissioners  of  each  county  in 
this  State,  at  their  first  regular  session  after  the  taking  effect  of  this  act, 
to  appoint  in  each  Commissioner's  district  of  the  county  three  reputable 
freeholders,  any  two  of  whom,  without  the  concurrence  of  the  third, 
may  act  as  school  fund  appraisers,  whose  duty  it  shall  be  upon  oath  to 
make  all  the  appraisements  of  lands  in  their  respective  districts,  re- 
quired in  this  act  or  in  the  act  of  which  this  is  amendatory.  Said  ap- 
praisers, or  atiy  of  them,  may  be  removed  and  new  ones  appointed  by 
said  Board  at  any  regular  or  special  session,  and  in  case  any  of  such 
appraisers  is  at  any  time  disqualified,  by  reason  of  kinship  or  interest, 
from  acting,  the  appraisement  shall  be  made  by  the  other  appraisers, 
who,  in  case  of  a  disagreement,  shall  select  a  third  appraiser.  Said  ap- 
praiser shall  receive  the  same  compensation  for  making  each  appniiv- 
ment,  and  be  paid  in  the  same  manner  as  such  appraisers  are  now  paid. 
(3) 

1.     See  also  34: !7  I. 

[1865,  p.  3.    Approved  and  in  force  M  ;rch  6,1865.] 

4379.  Acknowledgments  and  Oaths.    The  Auditor  shall  have  the 
power  to  administer  all  oaths  and  take  all  acknowledgments  required 
by  this  act.      (84) 

4380.  Record  of  Mortgages — Priority.    Mortgages   taken  for 
such  loans  shall  be  considered  of  record  from  the  date  thereof,  and  shall 
have  priority  of  all  mortgages  or  conveyances  not  previously  recorded, 
and  all  other   liens  not  previously  incurred,  in  the  county  where  the 
land  lies.     (85) 

1.  LIEN  WITHOUT  RECORD.     A  school  fund  mortgage  is  a  lien  upon  the  land 
as  to  subsequent  purchasers  without  being  recorded. — West  r.  Wright,  98  Ind.  X'.fa. 

2.  Parties  holding  or  claiming  through  the  mortgagor  in  a  school  fund  mort- 
gage are  bound  to  take  notice  of  the  mortgage,  though  not  recorded.      A  school 
fund  mortgage  is  not  void  as  to  the  State  because  the  County  Auditor  has  made 
the  loan  to  himself.     Such  mortgage  draws  the  same  interest  after  foreclosure  as 
before  maturity. — Stockwell  r.  State,  101  Ind.  1. 

8.  TAX  TITLE  SUBJECT  TO  MORTGAGE.  The  purchaser  and  grantee  of  real 
estate,  under  the  tax  deed,  takes  his  title  to  such  real  estate  under  the  provisions 
of  R.  S.  1881,  §6479,  and  subject  to  all  the  claims  which  the  State  may  have 
thereon  for  taxes,  or  other  liens  or  incumbrances,  such  as  a  mortgage  executed 
thereon  to  the  State,  as  a  security  for  the  payment  of  a  loan  to  the  school  fund, 
prior  to  such  tax  sale  and  the  execution  of  such  tax  deed.  This  is  so,  although 


S<  HOOL    LAW    c,r    INIUA.NA. 


35 


^  w 

to  be 


"f  which  the  real  estate  was  sold,  had  heen  as-e>sed  and  delinquent  be- 
'"ii   of  such   school  fund   mortgage.      State  r.  Wasson,  '.'•"•  Ind.   17"). 
-ale  of   lands  for  taxes  which  accrued  all  •.<  cntion   of   a  ,-chool  fund 

the  mortmain-  lien.      3  5         ,   H>1  Ind.  1.      Where 

ure  a  .-chool  fund  loan  i>  a^umed  hy  the  purchasers  of  the  real 
te.  the  m.M-t-a.irors  to  whom  the  h.an  \va>  madi  do  not.  hy  a  subsequent  pur- 
chase of  the  real  estate  sold  hy  the  Auditor  to  satisfy  the  mortgage,  take  the  prop- 
erty divested  of  liens  for  i  Med  hy  the  city  in  which  the  property  is  situ- 
ated.— City  of  •Logansporl  .nell,  1-1  Ind.  4in. 

4381.  Auditor's   Duty.     The  Auditor  shall  cause  such   mortgages 
to  be  recorded   immediately,  retaining  the  cost  of  recording  out  of  the 

ey   borrowed.       (86) 

i.      AcKN"Wi,Ki>«.MENTs.      If  the  mortgage  he  recorded,  not  being  acknowl- 
or  proved  as  our  general  laws  require  to  admit  mortg.  ..rd   in  the 

-ucli  record  is  no  notice  to  subsequent  '  nrchasers.     But 

requires  that  such  mortgages  shall  be  deemed  recorded 

•:eir  date;  and  this  is  notice.  — I >emin«r  Ind.  410;  Mann  r.  State, 

116  Ind.  383. 

LIEN  WITHOUT  KK« OKI>.     A  M-imol  fund  mortgage  is  a  lien  upon  the  land 
lent  purchasers,  without  being  recorded. — West  r.  Wright.  °-.x  Ind.  335. 
(    \M  KI.LA  TION  OF  MoimvAc.i:.      An  act  ion  to  cancel  a  School  Fund  mort- 
wiil  not  lie  against  a  County  Auditor:  the  State  is  the  party  in  interest. — 
Kg  r.  Kennett,  111  Ind.  347;  Snodgrass  r.  Morris,  l'j:»  Ind.  4'2~>. 
4.  n  4.'$7f>  and  no-. 

4382.  Fees.     The  following  fees  only  shall  be  eharged  in  cases  of 
mortgage  for  loans:     To  each  appraiser,  fifty  cents;  for  recording mort- 

one  dollar;  for  drawing  mortgage,  one  dollar;  for  making  bor- 
rower's affidavit,  ten  cents;  for  Clerk'-  certificate,  fifty  cents;  for  Re- 
corder's certificate  and  examining  title,  each  one  dollar;  which  shall  be 
paid  hy  the  borrower.  (108) 

4383.  Interest    Tupaid — Auditor's    Duty.     On    failure   to   pay 
any  installment    of  interest  when    the  same   becomes  due,  the  principal 
sum  rdiall  forthwith  become  due  and  payable,  and  the  Auditor  may  pro- 
ceed to  collect  the  same  hy  >uit  on  the  note,  or  bv  sale  «»f  the  mortgaged 
premises.      He   may   also,    1>\    suit,    recover   the    po^ession    of  the  mort- 
gaged  premises  before  -ale  thereof;   and  he  shall,  on  the  fourth  Monday 
in   March,   annually,   offer   for  >ale  all   mortgaged   land   on   which    pay- 

g  of  interest  are  due  on  the  tir>t  day  of  January  and  unpaid  on  the 
day  of  Bale.         ^7 

1.  STATVTK  MANDATMKY.  In  selling  lands,  the  Auditor  must  strictly  fol- 
low the  requirements  of  the  statutes  upon  the  subject.  Where  sale  is  made  to 
make  a  greater  sum  than  is  due,  the  .-ah  i«  void;  and  \\here  the  borrower  has 
made  a  payment  of  interest,  and  failed  to  tile  the  Treasurer's  receipt  with  the 
Auditor,  it  will  not  excuse  the  Auditor  for  selling  to  make  a  sum  greater  than  is 
really  due.— Key  r.  Ostrander,  29  Ind.  1;  Arnold  r.  <iatt,  -'.s  i,l.  :,4:i.  The  law  in 


36  SCHOOL   LAW   OF   INDIANA. 

force  at  the  time  of  sale,  providing  the  method,  notice  and  other  elements  of  rem- 
edy, governs  the  sale. — Webb  v.  Moore,  25  Ind.  4;  Jones  v.  Hopkins,  26  id.  450; 
Moore  v.  Seaton,  31  id.  11. 

2.  MERGER  OF  MORTGAGE.     After  obtaining  judgment  and  foreclosure  by 
suit,  the  mortgage  is  merged ;  the  Auditor  can  not,  then,  sell  under  it,  and  such 
sale  is  a  nullity. — Farris  v.  Cravens,  65  Ind.  262. 

3.  No  WARRANTY.     The  State  does  not  warrant  the  title  of  lands  sold  on 
account  of  the  School  Funds.     Officers  should  see  that  lands  mortgaged  to  secure 
the  School  Funds  are  properly  described  and  unincumbered,  but  the  purchaser  at 
the  mortgage  sale  takes  whatever  title  he  gets,  and  there  is  no  law  authorizing  the 
refunding  of  purchase  money  by  the  officers. —  Woollen,  Atty-Gen. 

4.  TITLE  FROM  THE  STATE.     The  title  of  a  purchaser  from  the  State,  after 
the  State  has  acquired  title  upon  a  forfeiture  against  a  School  Fund  borrower  and 
mortgagee,  takes  precedence  of   any  tax  deed  or  lien,   whether  State,  city  or 
county,  for  taxes  that  accrued  subsequent  to  the  school  fund  loan. — Baldwin, 
Atty-Gen. 

5.  CAN  NOT  BEL.EASE  WITHOUT  PAYMENT.     The  Auditor  of  a  county  has  no 
authority  to  release  a  school  mortgage  unless  the  money  is  paid,  and  where  a 
party  is  entitled  by  his  contract  to  an  unincumbered  title,  he  is  not  compelled  to 
accept  a  conveyance  of  land  thus  encumbered,  though  the  Auditor  has  released 
the  mortgage  of  record. — Conley  v.  Dibber.  91  Ind.  413. 

6.  WHEN  AUDITOR  MAY  PROCEED.     The  Auditor  may  proceed,  immedi- 
ately upon  default  in  the  payment  of  the  principal  or  interest,  to  collect  the  en- 
tire mortgage  due,  and  he  has  no  discretion  in  offering  for  sale,  on  the  fourth 
Monday  in  March,  all  such  lands  in  default  on  the  first  day  of  January. — A.   G. 
Smith,  Atty-Gen. 

7.  FORECLOSURE.     A  suit  by  the  County  Auditor  to  foreclose  a  mortgage 
may  be  maintained  instead  of  resorting  to  statutory  proceedings. — McCray  v. 
Buck,  23  Ind.  416;  Ferris  v.  Cravens,  65  Ind.  262;  Stockwell  v.  State,  101  Ind.  1  j 
Kendall  v.  Green,  101  Ind.  532. 


1 1885,  p.  195.    Approved  April  11, 1885,  and  in  force  July  18, 1885.] 

438  3a.  Collection  on  Default;  It  shall  be  the  duty  of  the  Auditor 
of  each  county,  in  case  default  shall  be  or  has  been  made  in  the  pay- 
ment of  principal  or  interest  of  any  school  fund  loan,  to  at  once  proceed 
to  enforce  the  collection  of  such  principal  or  interest,  as  the  case  may 
be  ;  and  any  Auditor  who  shall  fail  or  refuse  to  comply  with  the  require- 
ments of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  in  any  sum  not  exceeding  one  thousand 
dollars.  (4) 

1.  AUDITOR'S  DUTY.  This  section  is  properly  supplemental  to  section  4383 
and  the  two  should  be  read  and  interpreted  together.  In  explanation  of  $4383, 
the  Attorney-General  has  given  the  following  opinion: 

The  statute  (§4888)  provides  that  on  failure  to  pay  any  installment  of  interest 
when  the  same  becomes  due,  the  principal  sum  shall  forthwith  become  due  and 
payable,  and  the  Auditor  may  proceed  to  collect  the  same  by  suit  on  the  note,  or 


SCHOOL    LAW    OF   INDIANA.  37 

le  of  the  mortgaged  premises.  He  may  also  by  suit  recover  the  possession  of 
the  mortgaged  premises  before  sale  thereof,  and  he  shall,  on  the  fourth  Monday 
in  March,  annually,  offer  for  Bale  all  mortgaged  lands  on  which  payments  of 
interest  are  due  on  the  first  day  of  January  and  unpaid  on  the  day  of  sale.  It  was 
intended  that  the  County  Auditor  should  possess  a  speedy  and  summary  remedy  to 
enforce  collection.  If  he  was  required  to  sell  on  the  fourth  Monday  in  March 
only,  then  in  many  instances  the  officer  could  not  enforce  collection  for  a  year 
after  the  delinquency  and  defalcation.  In  many  counties  the  officer  has  made 
sales  under  the  statute  at  other  times  than  the  fourth  Monday  in  March.  In  Cole 
r.  Miller,  «ilj  Ind.  4i5:l,  the  sale  of  the  mortgaged  land  was  made  February  20 
and  the  sale  was  sustained  by  the  court  Every  part  of  a  statute  should  be  so 
construed  as  to  give  it  eflect.  It  is  my  opinion,  that  on  failure  to  pay  any  install- 
ment of  interest  when  the  same  becomes  due,  the  County  Auditor  is  authorized  to 
sell  the  land  at  any  time,  after  sufficient  and  proper  notice.  The  duty  imposed 
on  him  by  statute  "to  offer  for  sale,  on  the  fourth  Monday  in  March,  annually, 
all  morti,ra£ed  lands  on  which  payments  of  interest  are  due  on  the  first  day  of  Jan- 
uary, and  nnpaid  on  the  day  of  sale,"  is  intended  to  be  mandatory.  He  may  sell 
at  any  time  after  defalcation  by  the  creditor,  and  lawful  notice  thereof,  but  must 
ofier  for  sale  on  the  fourth  Monday  in  March,  annually,  all  mortgaged  lands  on 
which  payment*  of  interest  are  due  on  the  first  day  of  January  and  unpaid  on  the 
day  of  sale. — Ilord,  Attij-Gen. 

2.  PENALTY.  By  thig  section  the  County  Auditor  is  required,  under  penalty, 
to  do  what,  according  to  the  Attorney-General's  opinion,  he  wag  authorized  to  do 
by  faction  4383,  namely,  to  enforce  collection  of  principal  or  interest  of  loans 
whenever  default  shall  be  made  in  the  payment  thereof,  not  waiting  for  the  fourth 
Monday  in  March.  But  section  4383  is  in  force  as  to  the  manner  of  procedure. 
The  usual  legal  notice  must,  of  course,  be  given. — Holcombe,  Supt. 


1 


[1865,  p.  3.    Appro  veil  and  in  force  March  6, 


4384.  Fund  to  be  Specified.     The  mortgage  may  be,  in  substance, 

.lows;  ami  the  Auditor  shall  specify  therein  whether  the  same 
belongs  to  the  common  school  fund  or  to  the  congressional  township 
fund,  and,  if  the  latter,  the  particular  township  or  townships  whose 
funds  arc  thus  loaned.  (88) 

1.     The  omission  to  state  the  particular  fund  does  not  render  the  mortgage 
void.     See  Benefiel  '.»:'.  Ind.   101,  407;  and  Ellis  r.  State,  2  Ind.  262. 

4385.  Form  of  Mortgage.     I,  A.  B.,  of  the  county  of ,  in 

tlu-  Stat»»  of  Indiana,  do  mortgage  to  the  State  of  Indiana,  for  the  use 
of  [here  describe   the  fund  out  of  which  the  loan   was  made]  all  [here 

ril>e  the  land],   fi»r  tin-  payment  of dollars,  with  interest  at 

the   rale  of  t-iirht   per  cent,   per  annum,   payable  annually  in  advance, 
aceordinu  to  the  conditions  of  the  note  hereto  annexed.      (89) 

1.     Wn  ITUF:      In  the  form  prescribed,  then-  is  no  mention  of  relin- 

of  dower,    inasmuch  as  tenancies  in  ilouer  ;nv  abolished.     The  wife, 


38  SCHOOL    LAW    OF    INDIANA. 

however,  is  a  prospective  owner  of  the  land  held  by  the  husband,  and  she  should 
join  him  in  signing  the  mortgage  prescribed  for  securing  loans  from  the  school 
fund. — Larrabee,  Supt. 

See  also  Burk  v.  Axt,  85  Ind.  512;  Noland  r.  State,  115  Ind.  529. 

2.  ASSIGNMENT  TO  SUBSEQUENT  MORTGAGEE.    Whenever  a  school  fund  mort- 
gage becomes  collectible  on  account  of  failure  to  pay  interest,  or  any  other  failure 
on  the  part  of  the  mortgagor,  by  which  it  becomes  necessary  to  foreclose  in  order 
to  recover  the  money,  then  such  mortgage  may  be  assigned  to  the  holder  of  a  sub- 
sequent mortgage  upon  payment  of  the  amount  due. —  Woollen,  Atty-Gen. 

3.  DESCRIPTION.     A  description  of  land  in  a  school  fund  mortgage  as  "the 
northeast  part"  of    a  specified  tract,   " containing  ninety  acres,"  is  insufficient, 
and  an  Auditor's  sale  made  thereunder  is  invalid. — Burk  v.  Axt,  85  Ind.  5 12. 
If  the  mortgage  does  not  contain  a  proper  description  of  the  land,  such  descrip- 
tion may  be  corrected  on  a  decree  to  foreclose  the  mortgage. — Noland  v.  State, 
115  Ind.  529. 

4.  PRESUMPTION.     A  deed  or  mortgage  made  in  the  form  prescribed  by  the 
law  of  this  State,  and  purporting  to  have  been  acknowledged  in  this  State,  between 
parties  residing  in  the  State,  and  containing  nothing  to  indicate  a  contrary  inten- 
tion, will  be  presumed  by  the  courts  to  be  of  land  in  this  State.     Where  both  the 
county  and  State  are  omitted  from  the  description  of  land  embraced  in  a  mort- 
gage, but  it  appears  on  the  face  of  the  mortgage  that  it  was  executed  by  parties 
residing  in  a  certain  county  for  the  purpose  of  securing  a  loan  of  school  funds 
borrowed  by  the  mortgagor,  through  the  Auditor  of  that  county,  it  will  be  pre- 
sumed, without  more,  that  the  land  is  there  situated. — Mann  v.  State,  116  Ind.  383. 
Quare:     Would  this  rule  of  presumption  prevail  now,  since  Auditors  may  lend 
outside  of  their  counties? 

5.  CANCELLING  MORTGAGE.     In  an  action  to  set  aside  and  cancel  a  school 
fund  mortgage,  the  County  Auditor  is  not  a  proper  defendant,  and  a  judgment 
against  such  officer  in  such  actions  will  not  bind  the  State,  it  not  being  a  party, 
and  it  is  very  doubtful  if  the  State  can  even  be  thus  sued. — Crooks  v.  Kennett, 
111  Ind.  347;  see  Snodgrass  v.  Morris,  123  Ind.  425. 

6.  WIFE.     A  wife  may  borrow  money  and  mortgage  her  own  land  to  dis- 
charge valid  liens  thereon,  or  for  a  purpose  that  enures  to  its  benefit  or  protec- 
tion.— Noland  v.  State,  115  Ind.  529. 

7.  The  rate  of  interest  is  now  6  per  cent.     See  sec.  4369. 

4386.  Form  of  Note.  The  note  accompanying  the  same  may  be 
in  substance  as  follows,  to-wit.  :  I,  A.  B.,  promise  to  pay  to  the  State 
of  Indiana,  for  the  use  of  [here  recite  the  particular  fund],  on  or  before 

,  the  sum  of dollars,  with  interest  thereon  at  the  rate  of 

eight  per  cent,  per  annum  in  advance,  commencing  on  the day 

of-  — ,  18 — ;  and  do  agree  that,  in  case  of  failure  to  pay  any  install- 
ment of  interest  when  the  same  shall  become  due,  the  principal  sum 
shall  become  due  and  payable,  together  with  all  arrears  of  interest ;  and 
on  failure  to  pay  such  principal  or  interest  when  due,  two  per  cent, 
damages  shall  be  collected,  with  costs,  and  the  premises  mortgaged  may 
be  sold  by  the  County  Auditor  for  the  payment  of  such  principal  sum, 
interest,  damages  and  costs.  (90) 


SCHOOL    LAW    OF    INDIANA.  39 

}.     A  mortgage  executed  to  secure  a  note  attached  to  it  is  binding,  thong': 
not  signed;  and  there  is  no  error  in  allowing  the  cote  to  be  read  ir. 
ice,  it  heint;  a  part  of  the  mortgage.  —  McFadden  t'.  State,  82  Intl. 
Tlie  rate  of  interest  is  now  b  per  cent.     See  sec.  4:i<i'.». 


Warrant  to  Borrower.     On  making  a  loan  of  any  fund,  the 
.Vuditor    shall    draw  his  warrant   in  favor    of  the  borrower    upon    the 

ty  Treasurer,  who  shall  charge  it  to  the  proper  fund.      (91  ) 
4388.     Payments—  QuietUS.     All  loans  refunded  and  all  int* 
-hall  he  paid  to  the  County  Treasurer,  and  his  receipt  shall  be  filed  with 
the  County  Auditor,  who  shall  give  the  payer  a  quietus  therefor,  and 
make  proper  entries-  . 

1.     NOTE.     The  Auditor  is  bound  to  take  notice  of  a  payment  to  the  Treasurer, 
C  or  not  receipt  has  been  filed  with  him.  —  Key  f.  Ostrander,  "21J  Ind.  1. 

I'AVMKNT  TO  TKKASI  -RER  AND  NOT  TO  AUDITOR.     Payment  should  be 
to  the  County  Treasurer  arid  not  to  the  County  Auditor.  —  Cole  v.  Miller,  o'O 
463. 


m:: 

1 


a  school 


indorsements  and  Satisfaction.  Whenever  the  amount  due 
on  anv  mortgage  shall  he  paid,  and  the  Treasurer's  receipt  therefor  filed, 
the  Auditor  shall  indorse  on  the  note  and  mortgage  that  the  same  has 
been  fully  satisfied,  and  surrender  the  same  to  the  person  entitled 
thereto;  and,  on  production  of  the  same  thus  indorsed,  the  Recorder 
shall  enter  satisfaction  upon  the  record.  (93) 

1.     ENTRY  OK  S  \TISKACTION.     The  County  Recorder  can  enter  satisfaction-  of 
fund  mortgage  before  foreclosure  only  upon  indorsement  by  the  County 
lur  that  the  same  lr.i>  \»'t-n  fully  paid. — Stockwell  r.  State,  101  Ind.  1. 

B  :  WIIIIOIT  PAYMKNT.     A  release  of  ft  mortgage  by  the  County 

Auditor  without  payment  is  invalid. — Conley  v.  Dibber,  91  Ind.  41± 

4390.     Suit  for  deficiency.     In  all  cases  when  the  mortgaged  prern- 
iuill  fail  t«»  sell  fur  a  sum  sufficient  to  satisfy  the  principal  and  in- 
terest of  the  loan   made,   and   the  damages  accrued  by  reason  of  such 
failure,  and  costs,  the  County  Auditor  -hall  hrinjr  suit  on  the  notes  exe- 
,    by  the  mort<ra;ror ;    and   whenever  judgment  shall  be  rendered 
thereon,   no    appraisement   of   property  shall   he    allowed  on  executim: 
;  on  such   judgment. 

1.     TIIK  I\KI,  \ T"i;.     The  County  Auditor  N  the  proper  relator  in  a  suit  to  r^- 
M/hool  funds  loaned.    -Seotten  r.  State.   ~»1   Ind.  -VJ. 

•7,  n..te  'J. 

S.     WHKN  Snr  MAY  UK  I!K«M  <;IIT.     S.-c  ',  W4,  note  2. 

4.  WHKN  Snr  F«»IJ  I)I:KI<-II:M-Y  MAY  iu:  IJij-.r-.H  r.  A  County  Auditor  who 
bids  in,  at  public  auction,  land  mortgaged  to  the  school  fund,  can  not  proceed  on 
the  note  executed  by  the  mortgagor  until  he  has  made  the  subsequent  sale  required 
by  section  4:W:5,  and  faila  to  realize  enough  to  satisfy  the  amount  due. — Clark  r. 
State,  10'. i  Ind.  388. 


40 


SCHOOL    LAW   OF   INDIANA. 


4391.  Notice  Of  Sales.     Before  sale  of  mortgaged  premises,  the 
Auditor   shall  advertise  the  same   in  some  newspaper   printed  in   the 
county  where  the  land  lies,  if  any  there  be  (otherwise,  in  a  paper  in  the 
State  nearest  thereto),  for  three  weeks  successively,  and,  also,  by  notice 
set  up  at  the  court-house  door  and  at  three  public  places  in  the  town- 
ship where  the  land  lies.     (95) 

1.  LENGTH  OF  NOTICE.     The  Legislature  muy  change  the  requisite  length 
of  notice  even  after  the  mortgage  has  been  given. — Jones  v.  Hopkins',  26  Ind.  450. 

2.  No  COMPENSATION.     The   Auditor  is  not  entitled  to   compensation  for 
posting  notices  of  sale. — The  Board  v.  Leslie,  63  Ind.  492. 

3.  SALE  WITHOUT  NOTICE.     A  sale  without  notice  is  not  such  new  matter  as 
will  entitle  the  mortgagor  to  a  new  trial  in  an  action  brought  to  recover  for  a  de- 
ficiency of  the  amount  owed  by  him.— Peyton  r.  Kruger,  77  Ind.  486. 

4392.  Manner  of  Sale — Surplus.    At  such  sale  (which  shall  be 
held  at  the  court-house  door),  the  Auditor  shall  sell  so  much  of  the 
mortgaged  premises,  to  the  highest  bidder,  for  cash,  as  will   pay  the 
amount  due  for  principal,  interest,  damages  and  costs.     When  less  than 
the  whole  tract  mortgaged  shall  be  sold,  the  quantity  sold  shall  be  taken 
in  a  square  form,  as  nearly  as  possible,  off  the  northwesterly  corner  of 
said  tract ;  and  when  less  than  the  whole  of  any  in-lot  or  out-lot  of  any 
town  or  city  shall  be  sold,  the  part  sold  shall  be  laid  out  and  taken  oil', 
so  that  it  shall  extend  from  the  main  or  principal  street  or  alley  on  which 
the  said  lot  fronts,  to  the  rear  thereof,  to  divide  the  same  by  a  line  as 
nearly  parallel  with  the  boundaries  of  said  lot  as  practicable,  and  if  less* 
than  the  whole  is  sold,  the  Auditor,  in  his  notice  of  sale,  shall  indicate 
off  of  which  side  or  end  of  said  lot  the  part  to  be  sold  shall  be  taken  ; 
and  if  more  than  one  tract  of  land  is  included  in  the  mortgaged  prem- 
ises, the  Auditor  shall  elect  which  tract  or  tracts  shall  be  sold,  saving  to 
the  mortgagor,  if  practicable,  the  tract  on  which  his  house  is  located. 
If  a  tract  of  land  so  mortgaged,  and  liable  to  be  sold  to  satisfy  the  mort- 
gage, can  not  be  divided  without  materially  diminishing  the  value  of 
such  tract ;  or  if  any  in-lot  or  out-lot  be  indivisible,  by  reason  of  ex- 
tensive buildings  or  other  improvements  thereon,  the  Auditor  may  sell 
the  whole  thereof,  and,  after  paying  the  amount  due  for  principal,  in- 
terest, damages  and  costs,  out  of  the  purchase-money,  shall  pay  the  bal- 
ance, if  any,  to  the  mortgagor ;  and  if  the  Auditor  sell  any  part  of  a 
tract  of  land,  out-lot,  or  in-lot  for  more  than  the  amount  of  principal, 
interest,  damages  and  costs,  the  excess,  if  any,  shall   be  paid  to  the 
mortgagor.     (96) 

1.  DIVISION  IMMATERIAL,.  The  Auditor  can  sell  in  no  other  way  than  that 
provided  by  law. — Webb  i>.  Moore,  25  Ind.  4.  But  in  a  suit  to  set  aside  a  sale 
made  by  the  Auditor,  where  the  mortgage  debt,  penalty  and  costs  aggregated  one 
hundred  and  fifty-two  dollars  and  twenty  cents,  though  the  land  was  worth  four 


SCHOOL    LAW   OF   INDIANA. 


41 


lougand  dollars,  and  could  have  been  divided  without  materially  diminishing  its 
alue,  it  was  held  to  be  immaterial  that  he  did  not,  at  the  sale,  offer  any  part  in 
1  ae  form  of  a  square,  or  otherwise,  off  of  the  northwest  corner  thereof. — Arnold 
.  Gaff,  58  Ind.  543.     See  notes  5  and  9. 

2.  THE  EXI-KSS.     If  the  mortgagor  has  sold  the  land  to  another  person,  and 
he  purchaser  has  assumed  the  mortgage,  such  purchaser  would  be  subrogated  to 
he  mortgagor  and  •ntitled  to  receive  the  excess. — Jfal'linn,  .!«»/-'- 

3.  TA.V  SALE.     The  lien  of  the  State  upon  land  mortgaged  to  the  School 
"und  is  not  affected  by  a  sale  of  the  land  for  taxes,  and  the  State  need  not  redeem 
o  save  its  rights.     The  purchaser  at  the  tax  sale  takes  title  subject  to  the  School 
rund  mortgage.  —  W<>ollt  n,  Att>/-Gen. 

4.  STATUTE  Mr-r  UK  PURSUED.     The  County  Auditor,  in  making  a  sale  of 
and  in  satisfaction  of  a  School  Fund  Mortgage,  has  no  power  to  sell  in  any  other 
node  than  that  prescribed  by  the  statute,  and  the  burden  is  upon  one  claiming 
,itle  under  such  a  sale  to  show  that  the  statutory  requirements  have  been  strictly 
mrsui-d.  — Ilayneflf.  Cox,  118  Ind.  184. 

5.  POP.  ').     Where  the  Auditor,  in  selling  less  than  the  whole  tract 
iiortirairod,  does  not  take  the  quantity  out  of  the  northwesterly  corner  of  the  tract, 

:ired  by  the  statute,  but,  on  the  contrary,  takes  it  from  another  and  entirely 
:  tion  thereof,  he  exceeds  his  power  and  the  sale  is  invalid. — Haynes  v. 
Cox,  118  Ind.  184.     See  notes  1  and  9. 

6.  STA-ICTE  MUST  BE  STRICTLY  PURSUED.    In  a  sale  of  real  estate  the  stat- 
ute must  be  itrictly  pursued,  or  the  sale  will   be   void. — Williamson  r.  Doe,  7 
Black  f.  IL';  Benefield  r.  Aughe,  93  Ind.  401;  Ferris  v.  Crarens,  65  Ind.  262. 

7.  SALE  FOR  MORE  THAN  DUE.     A  sale  for  a  sum  greater  than  is  due  at 
the  time  of  the  sale  is  void. — Betson  r.  State,  47  Ind.  54;  Key  v.  Ostrander,  29 
Ind.  1;  Vail  r.  McKernan,   21  Ind.  421;  Board  of  Com.  v.  State,  122  Ind.  333; 
Brown  I u.l.  -j:;4. 

8.  !<>x.     The  purchaser  takes  an  absolute  title,  and  junior  incum- 
brano  r.t  t<>  redeem  from  the  sale. — Schnantz  v.  Schelhaus,  37  Ind.  85. 

9.  SALE  i.\  PAK<  ELS.     The  County  Auditor  need  not  offer  the  mortgaged 
premise-  in  parcel-,  vlp-rc  tin  y  an-  di-'-rihed  in  the  mortgage  as  a  single  tract. — 
Shannon  v.  Hay,  ](»<;  Ind.  "»!».      See  notes  1  and  5. 

10.  Ari'K.MHiMi-.NT.     I 'poii  the  foreclosure  of  a  School  Fund  mortgage,  the 
court  may  order  the  land  sold  without  appraisement. — Stockwell  r.  State,  101 
Ind.  1. 

11.  QUIETING  TITLE.     One  whose   land  has  been  sold  to  satisfy  a  School 
Fund  mortga-e  ext ruled  by  him  can  not  maintain  an  action  to  quiet  title  against 

ic  purchaser,  although  the  sale  was  void,  without-first  paying  or  tendering  to 
latter  the  amount  paid  by  him. — Shannon  r.  Hay.  106  Ind. 

RATE  OK  I.vmuxr.     A  School  Fund  mortgage  draws  the  same  interest 
r  maturity.— Stockwell  r.  State,  101  Ind.  1.     By  act  of  1893,  the 

6  per  cent.     See  section  4369. 

l:>.     \Yin:x  AUDITOR  JII>T  Bin.     It  is  the  duty  of  the  Auditor  to  offer  the 
lortgaged  premises  in  the  manner  provided  by  the  statute  ;  and  if,  after  offering 
it  for  sale  in  that  manner,  no  one  bids  the  amount  due,  lie  must  bid  the  property 
for  the  use  of  the  fund  secured  by  the  niort.irauc.      I  I:iym-<  r.  Cox,  118  Ind.  184. 
14.     SUBROGATION.     The   purchaser  of  land  sold  by  an  Auditor  under. a 


42 


SCHOOL    LAW    OF    INDIANA. 


school  fund  mortgage,  the  sale  having  been  set  aside  as  invalid,  may  be  snbroga- 
ted  to  the  rights  of  the  State  in  the  mortgage  ;  and  the  fact  that  there  was  ;i  mis- 
taken description,  if  the  mistake  can  be  corrected,  does  not  affect  the  right  of 
subrogation  on  the  part  of  the  purchaser.— Willson  v.  Brown,  82  Ind.  471. 

15.  CONVEYANCE — DESCRIPTION  MADE  GOOD  BY  REFERENCE.     A  defective 
description  in  a  deed  or  mortgage  is  made  good  by  a  reference  to  another  deed 
which  contains  a  true  description. — Willson  v.  Brown,  82  Ind.  471. 

16.  MERGER  OF  MORTGAGE.     When  the  mortgage  has  been  foreclosed,  the 
mortgage  is  merged  in  the  foreclosure,  and  the  Auditor  can  not  sell  under  it. — 
Ferris  v.  Cravens,  65  Ind.  262. 


,  p.  314.    Approv;ed  and  in  force  March  9, 

4393.  Auditor's  Bid.  In  case  of  no  bid  for  the  amount  due, 
the  Auditor  shall  bid  in  the  same  on  account  of  the  fund,  and,  as  soon 
thereafter  as  may  be,  shall  sell  the  same — having  first  caused  it  t<>  lie 
appraised  by  three  disinterested  freeholders  of  the  neighborhood — upon 
the  following  terms,  viz.  :  One-third  cash  in  hand,  and  the  balance  in 
four  equal  installments,  due  in  one,  two,  three  and  four  years,  respect- 
ively, from  the  day  of  sale,  bearing  interest  at  six  per  cent,  per  annum, 
payable  annually  in  advance ;  but  no  such  sale  shall  be  for  a  less  sum 
than  the  appraised  value  thereof.  (97) 

1.  STATUTE  MANDATORY.     The  Auditor  has  no  power  to  sell  for  cash,  nor  on 
a  credit  of  less  than  five  years,  nor  without  first  having  the  land  appraised,  nor 
for  a  less  sum  than  the  appraised  value.  —Ferris  v.  Cravens,  65  Ind.  262. 

2.  MORE  THAN  ONE  APPRAISEMENT.     If  the  appraisement  is  found  to  be 
too  high,  the  Auditor  may  have  a  re-appraisement  made,  and  sell  the  property 
under  the  modified  valuation.     Any  other  construction  might  work  irreparable 
damage  to  the  fund,  as  property  might  never  sell  for  the  amount  of  the  first  ap- 
praisement, and  might  thus  become  a  worthless  investment. —  Wollen,  Aft'v-<!<'n. 

3.  DUTY  OF  AUDITOR.     It  is  the  duty  of  the  Auditor  to  offer  the  mortgaged 
premises  in  the  manner  prescribed  by  the  statute  ;  and,  if,  after  offering  it  for  sale 
in  that  manner,  no  one  bids  the  amount  due,  he  must  bid  the  property  in  for  the 
use  of  the  fund  secured  by  the  mortgage. — Playnes  v.  Cox,  118  Ind.  184. 

4.  REIMBURSING  COUNTY.     Where  the  mortgagor  fails  to  pay  the  interest  for 
a  number  of  years,  and  during  those  years  the  county  pays  it  out  of  its  general 
fund,  and  afterwards  the  mortgage  is  foreclosed,  and  the  land  is  bid  in  by  the 
Auditor  on  account  of  the  school  fund,  and  subsequently  the  land  is  sold  and  con- 
veyed to  a  third  party,  the  school  fund  is  only  entitled  to  the-  principal  of  said 
loan  and  the  interest  thereon,  until  after  the  county  treasury  is  reimbursed  lie- 
cause  of  the  interest  it  has  paid  to  said  fund  on  account  of  said  loan. — Board  of 
Com.  r.  State,  122  Ind.  3Itt. 

5.  SURPLUS.     This  section  is  construed  with  section  4394.     Whenever   the 
land  is  sold,  the  county  takes  out  the  amount  of  principal  of  the  mortgage  for 
which  it  was   bought  in,  the  amount  of  interest,  damages  and  costs,  and  the  sur- 
plus goes  to  the  original  mortgagor  or  his  grantee. — Board  of  Com.  r.  State.  122 
Ind.  333. 


SCHOOL    LAW    OF    INDIANA. 

Si;i  H,,N   I:1, 17.      Section  4:117  has  no  reference  to  a  sale  under  this  section. 
>ard  of  Com.   r.  State,   1  '-1  Ind.  '•'>'•'>'•'•>. 
7.     See  section  4392  and  notes. 


ha.-  n 
sehoo 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4394.  Sale  of  Lands  Bid  in.  Lands  heretofore  bought  in  on  ac- 
count of  the  fund,  which  have  been  appraised,  shall  be  sold  in  like 
manner ;  and  if,  upon  sale  of  any  such  land,  a  sum  is  realized  which  is 
m<>re  than  sufficient  to  pay  the  principal,  interest,  damages  and  c 
the  overplus  shall  be  paid  to  the  original  mortgagor,  his  heirs  or  assigns, 
when  collected.  (98) 

1.     (  ompare  WA7  and  §4393,  note  5. 

-.     SILT  ON  NOTE.     A  suit  can  not  be  brought  on  the  note  by  the  County 
Auditor,  where  he  has  bid  in  the  property  mortgaged  to  secure  such  note,  until  he 
;de  the  sul>se<[iient  sale  required  by  this  section,  and  failed  to  realize  enough 

Jy  the  amount  due. — Clark  r.  State,  109  Ind.  388. 
.     TAXES.     The   lien  of   taxes  which  accrued   on   lands  mortgaged  to  the 
1  fund  subsequent  to  the  mortgage   is  merged  in  the  fee,  where  the  land  is 
bid  in  by  the  county,  and  taxes  can  not  accrue  on  the  land  subsequently,  until  a 
purchase  certificate  is  issued  on  a  sale  thereof. — Michener,  Att'y-Gen.     See  Hamil- 
•e,  1  Ind.  128;  Groom  v.  State,  24  Ind.  2oo. 


[188:?,  p,  7".     Approved  and  in  force  March  3,  1883.] 

439  4a.    Re-appraisement  of  Forfeited  Lands.    All  lands  which 
him-  become  forfeited  and  have  reverted,  or  may  hereafter  be  forfeited 
and  revert  to  the  various  townships  in  the  several  counties  of  tli  is  State, 
for  failure  to  pay  tin-  interest  or  principal  of  the  amount  due  thereon  to 
tin-  H-hnol  fund,  and  which  have  remained,  or  hereafter  remain,  unsold 
16  period  of  three   years,   by  reason  of  the  amount  due  thereon 
_  in  excess  of  the  values  of  said  lands,  may  be  re-appraised  and  sold 
for  a  >um  not  less  than  said  re-appraised  value  thereof;  such  re-apprai-e- 
ment  and  sale  to  be  ma<le  in  the  same  manner  and  upon  the  same  terms 
and  condition.-  as  is  IM>\\  prescribed  by  law  for  the  appraisement  and  sale 
n  lands.      (1) 


1-  ^'Ction   4:i~>2    provides  for  the  re-appraisement  and  sale  of   any 

lands  in  this  State  belonging  to  an  J  township  for  school  purposes,  which  is  pre- 
sumed to  include  lands  forfeited  in  the.  manner  indicated  in  this  section.  If  suck 
is  the  case,  this  section  Mipr-r-i'de*  section  -1--V2  as  to  such  forfeited  lands,  lint  not 
:is  to  .ma!  township  lands  which  have  n-  .-\  >ld. 

tiona  -I.".  17  and  -l:us  relate  to  the  forfeiture  and  resale  of  lands 

inully  belon^in^  to  and  sold  hy  the  con-iv>-  i,.nal  townships,  sections  4:. 
forfeiture  and  resale  of  lands  mortgaged  to  >ecure  luana  from  either  of  the  s 
funds.     When  a  sale  has  not  been  effected  on  the  appraisement  required  hy  section 

•  i  authori/es  a  ro-nppraisement  and  sale  at  the  end  of  three  - 

.  note  _. 


SCHOOL    LAW    OF    INDIANA. 

4394b.  Appropriation  by  Commissioners.  Upon  the  sale  of 
such  lands,  as  provided  for  in  the  preceding  section  of  this  act,  the 
Board  of  County  Commissioners  of  the  several  counties  in  which  said 
lands  are  situated  may  make  an  appropriation,  from  the  general  county 
funds,  a  sum  equal  to  the  difference  between  the  amount  for  which  said 
lands  shall  have  been  forfeited  and  the  amount  for  which  such  lands 
shall  have  last  sold ;  said  sum  appropriated  to  be  placed  to  the  credit  of 
the  proper  fund,  and  loaned  as  other  school  funds  are  loaned.  (2) 

1.     NOTE.     The  duty  of  the  Board  to  make  such  appropriation  is  imperative, 
since  the  county  is  liable  for  all  deficits  in  the  funds  entrusted  to  it. — §4326,  note  2. 

4394c.  Repeal  of  Conflicting  Laws.  All  laws  and  parts  of  laws 
in  conflict  with  the  provisions  of  this  act  are  hereby  repealed.  (3) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 


4395.  Deed  by  Auditor.      Upon  full   payment  being  made  for 
such  lands,  the  deed  therefor  shall  be  executed  by  the  County  Auditoj*, 
and  shall  be  entered  in  the  record  of  the  Board  of  County  Commis- 
sioners before  delivery.     (99) 

1.  RECORD  OF  DEED.     A  recording  of  the  deed  in  the  Commissioners'  record 
is  a  comdition  precedent  to  its  delivery,  and  a  necessary  step  in  the  sale.— Arnold 
v.  Gaff,  58  Tnd.  543. 

2.  THE  DEED  AS  EVIDENCE.     It  is  the  deed  alone  that  Tests  the  title  in  the 
purchaser,  and  if  the  deed  does  not  state  that  the  proper  steps  have  been  taken  to 
perfect  a  sale,  it  is  no  evidence  that  those  steps  have  been  taken. — Williamson  v. 
Doe,  7  Blackf.  12. 

3.  TENDER  or  DEED.      A  suit  for  the   purchase-money   can   not  be  made 
without  tender  of  a  deed  for  the  property,  recorded  as  required  above,  not  absolute 
but  conditional  upon  payment  therefor. — Johnson  v.  State,  74  Ind.  588. 

4.  PAYMENT.     The  amount  bid  is  paid  to  the  Treasurer,   and  not  to  the 
Auditor.— Cole  v.  Miller,  60  Ind.  463. 

5.  TAXES.     The  title  of  the  purchaser  vests  in  the  purchaser  freed  from  all 
assessment  and  taxes  made  or  levied  between  the  date  of  the  mortgage  and  the 
date  of  the  deed.— Hamilton  v.  State,  1  Ind.  128;  Groom  v.  State,  24  Ind.  25~>. 

6.  SUBROGATION.     If  the  sale  prove  invalid,  and  is  set  aside,  the  purchaser 
may  be  subrogated  to  the  rights  of  the  State  in  the  mortgage. — Wilson  v.  Brown, 
82  Ind.  471. 

4396.  Statement  of  Sales.     At  the  public  sale  at  the  court-house 
door  provided  for  in  this  act,  the  County  Treasurer  shall  also  attend, 
and  make  a  statement  of  such  sales,  which  shall  he  signed  by  the  Audi- 
tor and  Treasurer,    and  after  being  recorded  in  the  Auditor's  office, 
shall  be  filed  in   the  Treasurer's  office;    and  such   record,   or  a  copy 


SCHOOL   LAW    OF    INDIANA. 


45 


thereof,  authenticated  by  the  Auditor's  or  Treasurer's  certificate,  shall 
be  received  as  evidence  of  the  matters  contained  therein.     (100) 

1.     NOTE.     This  statement  must  be  tinned  by  both  Auditor  and  Treasurer,  or 
the  sale  will  be  void.—  Arnold  r.  (iaff,  58  Ind.  543. 

43D7.  Title  in  State  Without  Deed.  When  any  land  is  laid 
[bid]  off  by  the  Auditor  at  such  sale,  no  deed  need  be  made  therefor  to 
the  State  ;  but  the  statement  of  such  sale,  and  the  record  thereof,  shall 
vest  the  title  in  the  State,  for  the  use  of  the  proper  fund.  (101) 

4398.  Annual  Report.  County  Auditors  and  County  Treasurers 
shall  annually  report,  in  writing,  to  the  Boards  of  County  Commis- 
sioners of  the  respective  counties,  at  the  June  sessions  of  said  Boards 
relative  to  the  school  fund  held  in  trust  by  said  counties,  distinguishing 
in  «aid  reports,  between  the  congressional  township  and  common-school 
funds  ;  indicating  the  amounts  thereof;  the  additions  to  them  within 
the  current  year  then  ending  ;  the  sources  from  whence  such  additions 
are  derived  ;  the  condition  of  them  as  to  their  safety,  giving  the  amount 
thereof  safely  invested,  unsafely  invested  and  uninvested,  and  loss,  at 
the  date  of  said  reports  ;  giving  also  the  amount  of  interest  collected 
upon  said  funds  within  the  year  then  ending,  and  the  amount  then  due 
and  unpaid.  (103) 


I 


4399.  Duty  of  Hoards.  The  Boards  of  County  Commissioners 
.-hall,  annually,  at  their  June  sessions,  in  the  presence  of  the  Auditors 
and  Tiva^urers,  examine  said  reports,  the  accounts,  arid  proceedings  of 

:<l  officers  in  relation  to  said  funds,  and  the  revenue  derived  from 
them.  They  shall  compare  with  said  reports,  the  cash,  the  notes,  mort- 
gages, records,  and  books  of  said  officers,  with  a  view  to  ascertain  the 
amount  of  said  funds  and  their  safety;  and  to  do  whatever  may  be 
neci-  M'cure  their  preservation  and  the  prompt  payment  of  the 

annual  interest  thereon  as  the  same  becomes  due;  and  make  up  to  said 
funds  losses  which  have  accrued,  or  may  accrue.  (104) 

1.  LOST  I-YNI.-.      If  any  <.f  the  School  Fund,  principal  or  interest,  is  lost, 
the  Superintendent  o!  Public   Instruction  may  direct  the  proper  Prosecuting  At- 
torney to  institute  suit    against   the  county  for   its  recovery.  —  $4413.     If  suit  is 
not  brought  within  one  yeiir  after  cause  of  action  has  accrued,  the  Attorney-!  Jon- 
eral  may  bring  it.  —  Ads  I  >^'.i.  p.   1JI.  :'.'.       The  Prosecuting  Attorney  is  not   au- 
thorized to  bring  suit  at  his  own  instance.  —  R.  S.  1881,  #5864.     See  also 

note  '_'. 

2.  SUIT.     An  action  may  be  brought  in  the  name  of  the  State  on  relation  of 
the  Board   of   County  OominiMionen  to  recover  Congressional  School  Funds.  — 
Groves  i.  State,  !»  Ind.  200;  Butler  Rogers  v.  Gibson,  15  Ind.  218. 


46  SCHOOL    LAW    OF   INDIANA. 

4400.  Board's  Report.     Each  Board   of  County  Commissioners, 
at  said  session,  shall  make  out  a  report,  in  writing,  of  the  result  of  such 
examination,  showing — 

First.     The  amounts  of  said  funds  at  the  close  of  last  year. 

Second.     The  amount  added  from  sale  of  land  within  the  year. 

Third.  The  number  of  acres  of  unsold  congressional  township  school 
lands,  and  the  approximate  value  thereof. 

Fourth.     The  amount  added  from  fines  and  forfeitures. 

Fifth.     The  amount  added  by  the  Commissioners  of  the  Sinking  Fund. 

Sixth.     The  amount  added  from  all  other  sources. 

Seventh.     The  total  amount  of  the  funds. 

Eighth.     The  amount  refunded  within  the  year. 

Ninth.     The  amount  reloaned  within  the  year. 

Tenth.     The  amount  safely  invested. 

Eleventh.     The  amount  unsafely  invested. 

Twelfth.     The  amount  uninvested. 

Thirteenth.     The  amount  of  fund  lost  since  1842. 

Fourteenth.     The  amount  of  interest  collected  within  the  year. 

Fifteenth.     The  amount  of  interest  delinquent. 

And  in  such  report,  said  Board  shall  distinguish  between  the  Con- 
gressional Township  Fund  and  the  Common  School  Fund ;  and  in  its 
account  of  the  interest  or  revenue  derived  from  said  funds,  it  shall  observe 
the  same  distinction.  (105) 

1.  UNSAFE  INVESTMENTS.     Commissioners   are   not  justified   in    reporting 
money  as  safely  invested  on  the  ground  that  the  county  is  liable  for  the  funds  in- 
trusted to  it,  and  therefore  the  State  can  suffer  no  loss.     If  any  money  has  been 
loaned  on  personal  security  it  should  be  reported  as  unsafely  invested,  such  loans 
being  contrary  to  law. — §4370,  note  2. 

2.  CLAUSE  13.     Clause  13  of  the  above  section  is  obsolete. — LaFollette,  SupL 
Pub.  Inst. 

4401.  Disposition  of  Report.     Such  report  shall  be  entered  on 
the  records  of  said  Board ;  and  copies  thereof,  signed  by  the  members 
of  the  Board,  the  Auditor,  and  Treasurer,  shall  be  transmitted  to  the 
Auditor  of  State  and  the  Superintendent  of  Public  Instruction.     (106) 

4402.  Apportionment  of  Loans.     Where  the  whole  of  the  school 
funds  of  a  county  have    been    loaned,  the  Auditor  shall  apportion  to 
each  congressional  township  a  sufficient  number  of  mortgages  to  cover 
the  principal  of  its  Congressional  Township  Fund  ;  and  where  a  part  of 
the  school  funds  only  are  loaned,  the  Auditor  shall  so  apply  a  propor- 
tional amount ;  and  the  cash  on  hand,  when  loaned,  shall  be  for  the 
benefit  of  the  congressional  townships,  respectively,  to  the  amount  of 
the  entire  principal  of  its  Congressional  Township  Fund ;    and  in  all 


IOL     LAW    OF     INDIANA. 


47 


-  made  after  the  taking  effect  of  this  act,  the  note  and  mortgage 
Khali  specify  the  particular  fund  borrowed.      (152) 

1.  NOTK.  This  section  prescribes  the  manner  of  carrying  out  the  provisions 
27,  and  should  have  b«en  placed  after  it  in  the  Revised  Statutes.  If  in  any 
ce  its  provisions  have  not  been  complied  with,  it  is  still  in  force  and  must 

eyed. 

[1879  s".  p.  ld_.    Api»r<>vc<i  and  in  force  March  29, 1879.] 

4403.  Miscellaneous  School    Fund  Account.    It  shall  be  the 
duty  of  the  Auditor  in  each  county  to  open  an  account  with  the  Con- 

-ional    Township    School    Fund,   to   be    styled   the   "Miscellaneous 

S-hool   Fund  Account."     He  shall  transfer  to  said  account,  from  each 

•  ;mt,  all  sums  on  hand  at  any  time  when  a  loan  is  solicited 

(provided    the   aggregate  sums   will    equal  the  amount   sought    to    be 

wed),  and  may  lend  such  combined  sums  in  one  loan;  which  loan 
shall  be  numbered  in  consecutive  order,  and  the  securities  shall  each 
and  all  be  indorsed  with  the  number  as  "  Miscellaneous  Loan  No.  — ," 
as  the  number  may  be  ;  and  he  shall  enter  in  the  miscellaneous  account, 
on  the  debit  side,  separately,  the  sums  taken  from  the  account  of  the 

:il  townships,  so  as  to  show  the  corresponding  number  of  the  loan, 
and  credit  the  several  township  accounts  with  the  same  sum  and  the 
like  number  of  loan.  Thence  on,  as  interest  accrues  and  is  paid  in  on 
Mich  loan,  he  shall  debit  the  several  township  accounts  with  the  pro  rota 
portion  of  Mich  interest  accruing  to  each;  and  when  such  loan  is  paid, 
he  fhall  di.-triluite  back  to  the  township  accounts  the  several  sums  orig- 
inally transferred  from  each,  and  debit  the  miscellaneous  account  ac- 
cordingly, and  balance-  and  close  said  account  as  to  said  loan.  In  all 

ntries  throughout,  he  shall  keep  each  entry  identified  by  the  proper 
number  belonging  to  that  loan,  and  so  of  each  combined  miscellaneous 
oiiieniplatcd  in  this  act.  (1) 

4404.  Distribution  and   Keport.     In  all  cases  where  distribution 

is  made  of  the  school  funds  under  the  law  now  in  force,  it  shall  include 

all  money  on   hand,  or  which,  according  to  law,  should  be  on  hand,  not 

g  the  inn-rest  on  loans  for  one  year,  which  shall  be  distributed 

in   full,   and   no  portion   shall   he  omitted  or    retained;  and  the  report 

bv  the  Auditor  shall  show  fully  the  amount  actually  on  hand,  as 
required  and  contemplated  by  law.  and  .-how  the  distribution  of  the 

in  full.      (2} 

4405.  Penalty   Airainst   Auditor.     If  any  Auditor  fail  or  refuse 
/.-tribute  and  report  such  fund  in  full,  ae  required  by  this  act,  he 

shall  be  liable  to  an  action  on  his  official  bond.     The  Superintendent  of 


48  SCHOOL   LAW    OF    INDIANA. 

Public  Instruction  shall  direct  that  action  be  brought  upon  the  official 
bond  of  such  defaulting  Auditor,  and  the  Prosecuting  Attorney  of  the 
proper  county  shall  bring  such  action.  On  finding  against  such  Auditor, 
judgment  shall  be  entered  for  the  sum  so  omitted  by  him  to  be  distrib- 
uted, with  damages  of  twenty  per  centum  thereon,  which  shall  be  for 
the  use  and  benefit  of  the  fund  so  omitted  to  be  distributed.  (3) 


ARTICLE  II— ADMINISTRATION. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.1 

4406.  Superintendent  of  Public  Instruction.    There  shall  be 
elected  by  the  qualified  voters  of  the  State,  at  a  general  election,  a  State 
Superintendent  of  Public  Instruction,  who  shall  hold  his  office  for  two 
years.     (119) 

1.    TERM.    The  State  Superintendeney  being  a  constitutional  office,  the  length 
of  the  term  can  not  be  changed  by  legislation. — R.  S.  1881,  §189. 

4407.  Commencement  of  term— Oath.    His  official  term  shall 
commence  on  the  fifteenth  day  of  March  succeeding  his  election.     He 
shall  take  and  subscribe  the  oath  prescribed  by  law ;  which  proceeding 
shall  in  all  things  conform  to  the  law  relative  to  the  oaths  of  public 
officers.     (120) 

1.     OATHS  OF  OFFICE.     Every  officer  under  the  Constitution  must  take  such 
an  oath  before  entering  upon  his  duties. — R.  S.  1881,  $226. 

4408.  Duties— Office  — Clerks.     The    Superintendent    shall    be 
charged  with  the  administration  of  the  system  of  public  instruction  and 
a  general  superintendence  of  the  business  relating  to  the  common  schools 
of  the  State,  and  of  the  school  funds  and  school  revenues  set  apart  and 
appropriated  for  their  support.     A;  suitable  office  shall  be  furnished  for 
him,  at  the  seat  of  government,  in  which  the  books,  papers,  and  effects 
relating  to  the  business  of  said  office  shall  be  kept ;  and  there  he  shall 
give  reasonable  attendance  to  the  business  and  duties  of  the  office.     He 
shall  render  an  opinion,  in  writing,  to  any  school  officer  asking  the  same, 
touching  the  administration  or  construction  of  the  school  law.     He  is 
hereby  authorized  to  employ  two  clerks  for  said  office,  to  be  paid  as  the 
clerks  of  the  office  of  the  Auditor  of  State  are  paid ;  and  the  sum  of 
eighteen  hundred  dollars  is  hereby  annually  appropriated  for  that  pur- 
pose.    (121) 


struct 

" 


OF    INDIANA.  49 

1.  LEGISLATUKF.'S  I;nv.  It  is  the  duty  of  the  General  Assembly  to  pre- 
scrihe  the  «;«.-m -nil  spin-re  of  the  State  Superintendent's  activity,  and  to  provide 
suiUhle  compensation  lor  him. — K.  S.  1  — 

•J.     OPINIONS.     He  [3  not  bound  to  give  opinions  except  to  school  officers — that 
.  ;ty  auditors,  county  treasurer*  and  superintendents,  township  trustees,  school 
director-,  and  school  trustees  of  towns  and  citio.      But  the  courtoy  of  Superin- 
;;s  lias  established  the  custom  of  iMi-^vcrin.^  (jiie-tion-  touching  the  construc- 
tion and  administration  of  the  school  law-,  for  all  who  need  such  information. 

3.  His  OPINIONS  NOT  A  DEFENSE.     For  it  has  been  held  that  depositing  funds 
in  a  solvent  hank,  hy  advice  of  State  and  county  superintendents  and  county  hoard, 
if  loss  re.-ult,  is  ID  defense  to  the  trustee  depositing. — Inglis  r.  State,  61  Ind.  L'lii. 

4.  His  OPINION  KNTiTi.Ki)  TO  <,I:I:\T  WK.M.iiT.      \Vhe,i  a  law  admits  of  difler- 
ent  constructions,  it  i  .ed  that   the  iiMi'je  under  it  and  the  practical  con- 

ction  of  it  for  a  series  of  years,  its  entitled  to  great  weight,  and  sometimes  may 
.  -Appeal  of  Cottrell,  10  R.  I.  615. 


4409.  Report   to  Governor.     In  the  month  of  January  in  each 

in  which  there  is  no  regular  session  of  the  General  Assembly,  he 
shall  make  a  brief  report,  in  writing,  to  the  (rovernor,  indicating,  in 

ral  terms,  the  enumeration  of  the  children  of  the  State  for  common 
school  purposes,  the  addition.-,  to  the  permanent  school  fund  within  the 

.  the  amount  of  school  revenue  collected  within  the  year,  and  the 
amounts  apportioned  and  distributed  to  the  schools.  (122) 

4410.  Report  to  General  Assembly.     At  each  regular  session  of 
the  deneral   A>.-i-mbly,  on  or   b  th  day  of  Januan  ,  .-aid 

rintendent  >hall  pre.-ent  a  biennial  report  of  his  administration  of 
the  -y.-tem  of  jtublic  instruction,  in  which  he  shall  furnish  a  brief 
exhibit — 

,'.     Of  hi>  labors,  the  results  of  his  experience  and  observation  as 
to   the   operation   of  said   .-y.Mein.  and   .-u-^est  the   remedv   for  ob- 
rfections. 

•  ////.     Of  the  amount  of  the   permanent  school  funds,  and  their 

:1  condition  (U  y  «.f  manner  of  investment;    the  amount  of 

.ne  annually  «ierived   therefrom,  and  from  other  sources;   estimate- 

for  the  following  two  years;   and   the  estimated  value  of  all  Other  prop- 

1  apart  or  appropriated  for  >chool  purposes. 

Third.      Of  such  j)lans  as  he  may  have  matured  for  the  better  organi- 
zation of  the  schools,  and   for  the  increase,  -ale  investment,  and    better 
jtrrMM-vation  and   manaLrement  of  th"  permanent  school   funds,  and  for 
the  in»-reas«-  and  m-Te  economical  expenditure  of  the  revenue  for  tuition. 
/•///.      lie  shall  present  a  comparison  of  the  results  of  the  year  then 
closing  with  those  of  the  year  next  preceding,  and.  if  deemed  expedient, 
of  years  preceding  that,  so  as  to  indicate  the  progress  made  in  the 
business  of  public  instruction. 
4 — SCHOOL  LAW. 


50 


SCHOOL   LAW   OF   INDIANA. 


Fifth.  He  shall  furnish  such  other  information  relative  to  the  system 
of  public  instruction — the  schools,  their  permanent  funds,  annual  reve- 
nues, etc. ,  as  he  may  think  to  be  of  interest  to  the  General  Assembly. 

He  shall  append  to  said  report  statistical  tables,  compiled  from  the 
materials  transmitted  to  his  office  by  the  proper  officers,  with  proper 
summaries,  averages  and  totals  appended  thereto.  He  shall  append  a 
statement  of  the  semi-annual  collections  of  school  revenue,  and  his 
apportionment  thereof;  and,  when  he  deems  it  of  sufficient  interest  to 
do  so,  he  shall  append  extracts  from  the  correspondence  of  school  officers, 
lending  to  show  either  the  salutary  or  defective  operation  of  the  system 
or  of  any  of  its  parts ;  and  shall  cause  ten  thousand  copies  to  be  printed 
and  distributed  to  the  several  counties  of  the  State.  (123) 

4411.  Duties.     He  shall  visit  each  county  in  the  State  at   least 
once  during  his  term  of  office,  and  examine  the  Auditor's  books  and 
records  relative  to  the  school  funds  and  revenues,  with  a  view  to  ascer- 
tain the  amount  and  the  safety  and  preservation  of  said  funds  and  rev- 
enues ;  and  for  that  purpose,  he  shall  have  access  to,  and  full  power  to 
require  for  inspection  the  use -of  the  books  and  papers  of  the  Auditor's 
office.     Whenever  he  may  discover  that  any  of  the  school  funds  are  un- 
safely invested  and  unproductive  of  school  revenue,  or  that  any  of  the 
school  revenues  have  been  diverted  from  their  proper  objects,  he  shall 
report  the  same  to  the  General  Assembly.     He  shall  meet  with  such 
school  officers  as  may  attend  his  appointment,  counseling  with  the  teach- 
ers, and  lecturing  upon  topics  calculated  to  subserve  the  interests  of 
popular  education.     (124) 

1.  VISITS.  The  Superintendent  should  hold  himself  in  readiness  to  attend 
teachers'  institutes  whenever  called  upon.  But  it  must  be  remembered  that  there 
are  ninety-two  counties  in  the  State,  and  that  with  BO  many  labors  to  perform  in 
the  office  it  will  be  impossible  to  spend  much  time  in  each  county.  Every  teacher 
of  our  public  schools  is  required  to  meet  him  at  the  time  of  such  visitations,  and 
the  time  lost  in  such  cases  shall  not  have  to  be  made  up  by  the  teacher. — Fletcher, 
Supt. 

4412.  Traveling  expenses.     He  shall  receive,  for  traveling  and 
other  expenses  wrhile  traveling  on  the  business  of  the  department,  a  sum 
not  exceeding  six  hundred  dollars  per  annum ;  and  an  appropriation  of 
that  amount  is  hereby  made  for  that  purpose,  annually.     (125) 

4413.  Supervision  of  school  funds.     He  shall  exercise  such  su- 
pervision over  the  school  funds  and  revenues  as  may  be  necessary  to  as- 
certain their  safety,  and  secure  their  preservation  and  application  to  the 
proper  object;  and  cause  to  be  instituted,  in  the  name  of  the  State  of 
Indiana,  for  the  use  of  the  proper  fund  or  revenue,  all  suits  necessary 


SCHOOL    LAW 


INDIANA. 


51 


for  the  recovery  of  any  portion  of  .-aid  funds  or  revenues.  It  is  hereby 
made  the  duty  of  the  proper  Circuit  Prosecuting  Attorney  to  prosecute 
all  such  suits  at  the  instance  of  the  Superintendent,  and  without  charge 

Iiinst  said  funds  or  revenue.     (126) 
1.     See  §4400,  note  ± 
2.     MAY  EMPLOY  ATTORNEY.     This  section  and  £5611,  E.  S.  1881,  authorize 
State  SIIJK  rintfiident  and  Auditor  of  State  to  employ  an  attorney  to  coll- 
.claim  due  the  School  Fund,  and  their  contract  in  this  behalf  is  the  contract  of  the 
ate  P.  Sims,  7»i  hid. 

4414.  May  require  reports.  He  may  require  of  the  County  Au- 
ditors, Count v  Superintendents,  County  Treasurers,  Trustees,  Clerks, 
and  Treasurers,  eopic.<  of  all  reports  required  to  be  made  by  them,  and 
all  such  other  information  in  relation  to  the  duties  of  their  respective 
offices,  so  far  as  they  relate  to  the  condition  of  the  school  funds,  rev- 
enues, itnd  property  of  the  common  schools  and  the  condition  and  mau- 
lent  of  such  schools,  as  lie  may  deem  important.  (127) 


4415.  Blanks  and  forms.     He   may  prepare,  and  transmit  to  the 
proper  officers,  suitable  form- and  regulations  for  making  all  reports,  and 
the   necessary   blanks  therefor,   and   all   necessary  instructions   for  the 

r  orirani/ation  and  Lfovniment  of  common  schools,  and  conducting 
all  necessary  proceedings  under  this  act.      (  1 

4416.  EV>nH8  Of  book-keepiHg.     Forms  and  modes  of  book-keep- 

-hall,  from   time   to   time,  be   prescribed   for  County  Auditors  and 
County  Treasurers  by  the  State  Superintendent  of  Public  Instruction. 

4417.  Shall  publish  school  laws.     He  shall  cause  as  many  copie* 
of  tl.-  ral    .\--emblyiu  relation  to  the  common  schools 
or  the  school  fund>,  with  mves>ary  forms,  instructions,  and  regulations. 

from  time  t«.  time  printed  and  distributed  amonn  the  school  towu- 
shi].-  as  he  shall  deem  the  public  -j-oo<l  requires.      <  1 1 

4418.  Journals,  t»tc.,  to  libraries.     He  shall  supply  each  common 
school   library  with   the  Legislative  and   Documentary  Journals,  an 

of   each    session   of    the   (ieiieral    .Wembly,    and    his   own    annual 
;lie  expiration  of  his  term  of  office  he  shall  deliver  to  his 
'ii   of   the   ottiee.  and   all    book-,    records,    documents, 
papers,  and  other  articles  pertaining  or  belonging  to  his  office.     (130) 


52 


SCHOOL   LAW    OF   INDIANA. 


[1875,  p.  130.    Approved  February  25, 1875,  and  in  force  August  24,1875.] 

4420.  State  Board  of  Education.  The  Governor  of  the  State, 
the  State  Superintendent  of  Public  Instruction,  the  President  of  the 
State  University,  the  President  of  Purdue  University,  the  President  of 
the  State  Normal  School,  and  Superintendents  of  common  schools  of  the 
three  largest  cities  in  the  State,  shall  constitute  a  board,  to  be  denom- 
inated the  Indiana  State  Board  of  Education.  The  size  of  the  cities 
shall,  for  this  purpose,  be  determined  by  the  enumeration  of  children 
for  school  purposes,  annually  reported  by  County  Superintendents  to 
the  Superintendent  of  Public  Instruction.  The  Superintendent  of  Pub- 
lic Instruction  shall,  ex  officio,  be  President  of.  the  Board  ;  and  in  his  ab- 
sence the  members  present  shall  elect  a  President  pro  tempore.  The 
Board  shall  elect  one  of  its  members  Secretary  and  Treasurer,  who  shall 
have  the  custody  of  its  records,  papers  and  effects,  and  shall  keep 
minutes  of  its  proceedings :  Provided,  That  such  records,  papers,  ef- 
fects and  minutes  shall  be  kept  at  the  office  of  the  Superintendent,  and 
shall  be  open  for  his  inspection.  The  said  Board  shall  meet  upon  the 
call  of  the  President  or  a  majority  of  its  members,  at  such  place  in  the 
State  as  may  be  designated  in  the  call ;  and  shall  devise,  adopt  and  pro- 
cure a  seal,  on  the. face  of  which  shall  be  the  words,  "Indiana  State 
Board  of  Education,"  and  such  other  device  or  motto  as  the  Board  may 
direct — an  impression  and  written  description  of  which  shall  be  recorded 
on  the  minutes  of  the  Board  and  filed  in  the  office  of  the  Secretary  of 
State ;  which  seal  shall  be  used  for  the  authentication  of  the  acts  of  the 
Board  and  the  important  acts  of  the  Superintendent  of  Public  Instruc- 
tion. (153) 

1.  NOTE.  When  first  created  in  1852  the  Board  consisted  of  the  Superintend- 
ent of  Public  Instruction  and  the  Governor,  Secretary,  Treasurer  and  Auditor  of 
State.  In  1855  the  Attorney-General  was  added.  It  remained  merely  a  board  of 
State  officers,  but  little  interested  in  or  conversant  with  educational  affairs,  and 
exerting  no  appreciable  influence,  till  1865,  when  the  membership  was  constituted 
as  at  present,  except  the  President  of  Purdue  University,  who  was  added  in  1875. 
As  a  board  of  professional  educators,  independent  of  politics,  it  has  been  a  valu- 
able agent  in  our  education af  progress. 


[1865,  p.  3.    Approved  and  in  force  March  6,  1865.1 

4421.  Duties  and  powers.  Said  Board,  at  its  meetings,  shall 
perform  such  duties  as  are  prescribed  by  law,  and  may  make  and  adopt 
such  rules,  by-laws  and  regulations  as  may  be  necessary  for  its  own 
government,  and  for  the  complete  carrying  into  effect  the  provisions  of 
the  next  section  of  this  act,  and  not  in  conflict  with  the  laws  of  the  State. 


SCHOOL    LAW   OF   INDIANA. 


53 


:,; 


and  shall  take  cognizance  of  such  questions  as  may  arise  in  the  practical 
administration  of  the  school  system  not  otherwise  provided  for,  and  duly 
consider,  discuss,  and  determine  the  same.  (154) 

1.  EXAMINATION  OJ;KSTIONS.     By  virtue  of  the  considerable  power  conferred 
by  the  authorization  to  take  cognizance  of  matters  not  otherwise  provided  for,  the 
Board  prepares  <j;ii  >tions  lor  the  examination  of  teachers,  and  prescribes  tke  time 
and  manner  of   their  use  by  the  County  Superintendents.     This  work  received 
legislative  recognition  in  1883  by  the  enactment  of  the  next  section. 

2.  COUNTY  SITKUINTENKKNT.     It  is  the  duty  of  the  County  Superintendent 
to  carry  out  the  instructions  of  the  State  Board  and  State  Superintendent. — $4429. 

The  State  Board  appoints  the  Trustees  of  the  Indiana  University. — $4565. 

4.  The  State  Board  a  Board  of  School  Book  Commissioners  for  the  adoption 
text-books.—  H421  b. 

5.  The  adoption  of  text-books  is  legislative  and  not  judicial,  and  can  not  be 
iewed  on  ccrtiururi.     People  v.  Oakland  Board,  54  Cal.  375. 

[1883,  p.  81.    Approved  March  3, 1883,  and  in  force  June  5, 1883.] 

4421  a.  Traffic  in  questions.  Whosoever  shall  sell,  barter,  or 
give  away,  to  applicants  for  license,  or  to  any  other  person,  the  questions 
prepared  by  the  State  Board  of  Education,  to  be  used  by  County  Super- 
intendents in  the  examination  of  teachers,  or  in  any  way  dispose  of  .si  id 
question-  contrary  to  the  rules  prescribed  by  said  State  Board  of  Educa- 
tion, .-hall  be  deemed  quilty  of  a  misdemeanor;  and  on  conviction,  shall 
be  fined  in  any  sum  not  less  than  ten,  nor  more  than  two  hundred 
dollars.  (1.) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.J 

4422.  State  certificates.  Said  Board  may  grant  State  certificates 
of  qualification  to  such  teachers  as  may,  upon  a  thorough  and  critical 
examination,  bo  f«mn«l  -«>ss  eminent  scholarship  and  professional 

ability,  and  .-hull  furnish  satisfactory  evidence  of  good  moral  character. 
shall  hold  stated  meetings,  at  which  they  shall  examine  all  appli- 
,  and  those  found  to  possess  the  qualifications  herein  above  named 
shall  :  ilicate,  signed  by  the  President  of  the  Board,  and 

impressed  with  the  seal  thereof;  and  the  said  certificate  shall  entitle  the 
holder  to  teach  in  any  of  tlu>  schools  of  the  State  without  further  exam- 
ination, and  shall  also  he  valid  during  the  life-time  of  said  holder,  unless 
revoked  by  said  Hoard.  Kaeh  applicant  for  examination  shall,  on 
making  application,  pay  to  the  Treasurer  of  the  H<>ard  five  dollnrs  as  a 
fee.  (155) 

I'ROFESBIONAL  AND  LIFE  STATE   T 

Examinations  for  these  licenses  are  conducted  by  the  County  Superintendents 
in  the  months  of  February,  March  and  April. 

The  February  list  embrace*  the  following  subjects:  Arithmetic,  Geography,. 
English  Grammar,  Phyxiolniry,  I  .  S.  History  and  Read  in  <:. 


54 


SCHOOL    LAW    OF    INDIANA. 


Subjects  for  March :  Algebra,  Civil  Government,  American  Literature, 
Science  of  Education,  and  two  of  the  following  three  subjects — Elements  of  Physics, 
Elements  of  Botany,  and  Latin  (Latin  Grammar,  two  books  of  Caesar,  and  two  of 
Virgil). 

Subjects  for  April :  Geometry,  Rhetoric,  General  History,  English  Literaturej 
Physical  Geography,  and  two  of  the  following  three  subjects — Chemistry,  Geology 
and  Zoology. 

The  following  requirements  govern  the  application  for  Professional  and  Life 
State  Licenses: 

1.  Applicants  for  Life  State  License  must  have  taught  school  forty-eight 
months,  of  which  sixteen  shall  have  been  in  Indiana.     Before  entering  upon  the 
examination,  they  shall  present  to  the  County  Superintendent  satisfactory  evi- 
dence of  good  moral  character  and  professional  ability,  and  pay  five  dollars  each 
(the  fee  prescribed  by  law),  which  can  in  no  case  be  refunded. 

2.  A  person  holding  a  thirty-six  months'  license  shall  be  exempt  from  the 
February  list  and  may  receive  a  Life  State  License  by  passing  on  the  March  and 
April  lists. 

3.  To  be  eligible  to  Professional  License  the  applicant  must  have  held  and 
taught  thereon,  two  thirty-six-month  licenses,  covering  a  period  of  not  less  than 
five  years  immediately  preceding  the  examination. 

4.  Applicants  for  Professional  License  will  take  the  March  examination  only. 

5.  No  fee  is  required  of  applicants  for  Professional  License. 

6.  A  license  will  be  granted  to  those  who  make  a  general  average  of  seventy- 
five  per  cent.,  not  falling  below  sixty  per  cent,  in  any  subject,  and  who  present  satis- 
factory evidence  of  professional  ability  and  good  moral  character. 

7.  An  applicant  for  a  Life  State  License  who  shall  fail  in  the  examination  for 
the  same,  but  who  has  met  all  the  requirements  of  a  Professional  License,  shall  re- 
ceive such  license,  or  if  he  reaches  the  required  average  for  a  Professional  License, 
but  falls  below  the  standard  per  cent,  in  one  subject,  he  may  be  conditioned  in 
such  subject,  and  may  be  granted  a  Professional  License  on  the  same  conditions 
as  if  he  had  originally  applied  for  a  license  of  this  class. 

8.  An  applicant  is  ''conditioned,"  that  is,  he  may  complete  the  work  at  the 
next  regular  examination,  if  he  reaches  the  required  general  average  and  passes 
successfully  upon  all  the  branches  except  one,  required  for  the  license  applied  for. 
A  statement  setting  forth  this  fact  will  be  furnished  such  " conditioned"  applicant, 
who  must  present  the  same  to  the  County  Superintendent,  who  will  forward  it 
with  the  manuscript  to  this  Department. — Order  of  State  Board,  January  17,  1893. 

9.  See  section  4425  and  notes. 


[1873,  p.  68.    Approved  and  in  force  March  8, 1873J 

4423.  Pay  aiid  mileage  of  Board.  The  members  of  said  Board, 
other  than  the  Governor  and  State  Superintendent  of  Public  Instruc- 
tion, shall  be  entitled  to  receive  for  their  services,  while  actually  en- 
gaged in  the  duties  of  their  office,  five  dollars  per  day  and  five  cents  per 
mile  necessarily  traveled  while  so  engaged ;  which  amount  shall  be  cer- 
tified by  the  Board  to  the  Auditor  of  the  State,  who  shall  draw  his  warrant 
therefor,  payable  out  of  the  general  fund,  which  sum  shall  be  re-irnbursed 


SCHOOL    LAW    <>F    INDIANA. 


the  general  fund  by  the  treasurer  of  the  Board  paying  into  it  that 
mum  out  of  the  money  receive!  by  him  as  fees  for  certificates  ;  and  if 
tin- iv  be  any  residue  of  money  received  as  such  fees,  it  shall  IK    ex- 
pended by  the  Superintendent  of  Public  Instruction  in  the  purchase  of 
MI  liable  books  for  an  office  library.     Said  Board  shall  be  allowed  the 
wary  expenses  incurred  in  the  discharge  of  the  duties  required  <»f 
:ime,  for  elerk  hire,  postage,  etc.  ;  which  expenses  shall  be  paid  as 
the  expenses  of  the  members  of  the  Board  are  paid.     (156) 

1.  APPROPRIATION^.  The  requirement  that  the  Auditor  of  State  shall,  upon 
tlu-  certificate  of  the  Board,  draw  his  warrant  on  the  general  fund  for  the  expenses 
specified,  amount-  to  a  continuing  appropriation  therefor,  which,  however,  is  tem- 
porarily suspended  when  an  appropriation  is  made  therefor  in  the  biennial  appro- 
priation hill.  —  lion),  Attif.-' '>  n. 

[1873,  p.  75.    Approved  and  in  force  March  8,  1873.1 

4424.  County  Superintendent.  The  Township  Trustees  of  the 
several  townships  of  each  county  shall  meet  at  the  office  of  the  County 
Auditor  of  such  county,  on  the  first  Monday  of  June,  1873,  and 
biennially  thereafter,  and  appoint  a  County  Superintendent,  who  shall 
he  a  citi/en  of  such  county,  whose  official  term  shall  expire  as  soon  as 
his  successor  is  appointed  and  qualified;  who,  before  entering  upon  the 
duties  of  his  office,  shall  take  and  subscribe  an  oath  that  he  will  faithfully 
perform  his  duties  as  such  officer  according  to  law,  which  oath  shall  be 
filed  with  the  County  Auditor.  Her  shall  execute  a  bond,  with  freehold 
Mirety  to  the  approval  of  the  County  Auditor,  payable  to  the  State  of 
Indiana,  in  the  penal  sum  <>i'  one  thousand  dollars,  conditioned  that  he 
will  faithfully  discharge  his  duties  according  to  law,  and  faithfully  account 
for  and  pay  over  to  the  proper  persons  all  moneys  which  may  come  into 
his  hands  by  reason  of  Mich  office  ;  and,  thereupon,  the  County  Auditor 
shall  report  the  name  and  po^t-office  address  of  the  person  appointed  to 
the  Superintendent  of  Public  Instruction:  Prov/</<W,  tionrrrr,  That  the 
Board  of  County  Coiiimi>-ion» -rs  shall  hiive  power  to  dismiss  any  County 
Superintendent  for  immorality,  incompetency,  or  general  neglect  of  duty, 
or  for  acting  a>  agent  for  the  sale  of  any  text-book,  school  furniture,  or 
map.-:  but  i.»-  County  Superintendent  shall  be  dismis.-ed  without  giving 
him  written  notice,  under  the  hand  and  seal  of  the  Auditor,  ten  days 
before  th«  first  day  of  tin-  term  of  the  Court  of  Commissioners  at  which 
the  cause  i>  t<>  be  heard  ;  and  the  said  notice  shall  state  the  ch;i 
preferred  again.-t  the  Superintendent,  the  character  of  the  instrument  in 
which  they  are  preferred  (whether  a  petition,  complaint,  or  other  writ- 
ing), and  the  names  of  those  preferring  the  same.  The  duties  required 
of  the  School  Examiner  by  any  act  shall  hereafter  be  performed  by  the 


56 


SCHOOL    LAW   OF   INDIANA. 


County  Superintendent.  Whenever  a  vacancy  shall  occur  in  the  office 
of  County  Superintendent,  by  death,  resignation  or  removal,  the  said 
Trustees,  on  the  notice  of  the  County  Auditor,  shall  assemble  at  the 
office  of  such  Auditor,  and  fill  such  vacancy  for  the  unexpired  portion  of 
the  term  in  the  manner  herein  provided ;  and  the  County  Auditor  shall 
be  clerk  of  such  election  in  all  cases,  and  give  the  casting  vote  in  case  of 
a  tie,  and  shall  keep  the  record  of  such  election  in  a  book  to  be  kept  for 
that  purpose.  (33) 

1.  AMENDMENT  VOID.     The  act  of  March  9,  .1875,  attempting  to  amend  this 
section,  and  $4427,  4429  and  4433,  is  unconstitutional  and  void. — The  Board  v. 
Smith,  52  Ind.  420;  State  v.  Harrison,  67  Ind.  71. 

2.  QUORUM  FOE  APPOINTMENT.     A  majority  of  all  the  Township  Trustees  of 
the  county  is  a  quorum  for  the  appointment  of  a  superintendent,  and  the  person 
receiving  the  votes  of  a  majority  of  that  majority  is  elected. — Michener,  Atty.-Gen. 

The  County  Auditor,  not  being  a  member  of  the  body,  can  not  be  counted  in 
determining  whether  or  not  a  quorum  is  present.  An  election  by  less  than  a 
quorum  is  void. — State  v.  Porter,  113  Ind.  79;  State  v.  Edwards,  114  Ind.  581. 

3.  MEETING  OF  TRUSTEES.     The  Trustees  meet  for  a  regular  appointment  by 
command  of  the  statute,  not  by  virtue  of  the  Auditor's  call,  but  it  is  proper  for  the 
Auditor  to  notify  them  of  the  time  of  the  meeting.     On  the  occurrence  of  a 
vacancy  the  Auditor  notifies  the  Trustees  of  the  fact  and  fixes  the  day  for  them  to 
assemble  to  fill  it. — Holcombe,  Supt. 

The  Trustees,  having  failed  to  appoint  a  Superintendent  on  the  day  fixed  by 
law,  adjourned  sine  die,  and  afterward,  on  call  of  the  Auditor,  met  and  made  an 
appointment.  But  such  action  was  held  to  be  invalid  and  of  no  effect. — State  v. 
Harrison,  67  Ind.  71.  Yet  had  the  Trustees  adjourned  from  day  to  day,  an  appoint- 
ment made  at  such  adjourned  meeting  would  probably  have  been  valid;  and  pos- 
sibly after  adjournment  sine  die,  a  mandamus  might  have  issued  to  compel  a  re- 
assembling to  perform  the  omitted  duty. — Sacket  v.  State,  74  Ind.  487. 

4.  MODE  OF  ELECTION.     The  Auditor  has  a  right  to  act  as  the  clerk  of  the 
Board  of  Election,  keep  a  record  of  the  same,  and  give  the  casting  vote  in  case  of 
a  tie.     Tke  Trustees  have  the  right  of  controlling  the  manner  of  the  election. 
The  Auditor's  declaring  a  person  elected  does  not  amount  to  anything;  he  has  no 
right  to  make  such  declaration.     It  is  the  duty  of  the  Board  of  Trustees  to  do 
that,  and  until  they  finally  settle  the  matter  a  member  has  a  right  to  vote.     The 
appointment  has  verj  few  elements  of  a  popular  election  about  it.     The  law  simply 
provides  that  the  Township  Trustees  shall  appoint,  and  says  nothing  about  the 
manner  in  which  the  appointment  shall  be  made.     Any  mode  that  they  may  adopt 
by  which  they  can  arrive  at  the  expression  of  the  wish  of  the  majority  is  sufficient 
to   designate  the   person   to   be  appointed,   and  there  is  nothing  binding  until 
there  is  a  final  determination  of  the  subject  by  the  Trustees. — State  v.  Kilroy,  86 
Ind.  118. 

If  an  election  results,  and  is  duly  declared,  the  right  of  the  person  elected  is 
consummated;  he  can  not  be  deprived  of  his  office  by  the  subsequent  action  of  the 
Board. — Michener,  Atty.-Gen. 

5.  CASTING  VOTE.     The  County  Auditor  is  clerk  of  the  election,  and  gives 
the  casting  vote  in  case  of  a  tie,  in  regular  elections  as  well  as  in  those  held  to  fill 
vacancies. — Holcombe,  Supt. 


">L    LAW    OF    INDIANA. 


57 


Ion 

: 


A  tie  means  that  two  opposing  candidates  have  each  an  equal  number  of 
votes.  An  equal  division  on  a  motion  to  appoint  a  candidate  to  the  office  is  not 
such  a  tie  as  entitles  the  Auditor  to  vote. —  Baldwin,  Afhj.-Gen.  See  note  19. 

6.  WHO  ELHJMJLE.     To  be  eligible  to  the  county  superintendency  a  person 
must  be  a  bona  fide  resident  and  elector  of  the  county. — R.  S.  1881,  §154. 

He  must  have  been  an  inhabitant  of  the  county  during  one  year  preceding 
his  appointment,  but  it  is  net  es-ential  that  he  should  have  been  a  citizen  or 
elector  for  so  long.  —  State  r.  Kilroy,  86  Ind.  118. 

Women  are  held  to  be  ineligible. — $4540,  note  1. 

7.  RECOGNITION  BY  STATE  SUPERINTENDENT.     It  is  made  the  duty  of  the 
County  Auditor  to  report  to  the  Superintendent  of  Public  Instruction  the  name 
and  address  of  the  person  appointed.     That  is  the  means  provided  by  law  for  in- 
forming the  State  Superintendent  who  has  been  appointed,  and  he  has  no  power 

decide  upon  the  validity  of  an  election  on  information  furnished  from  other 
rces,  evidence  aliunde.     That  is  a  question  for  the  courts. — Holcombe,  Supt. 

I  >isi>r TP:D  ELECTION.  The  qualifying  of  the  appointee  consists  IB  the  exe- 
ion  and  acceptance  of  the  required  bond,  and  taking  and  subscribing  the  oath 
office.  A  person  who  has  received  the  certificate  of  appointment  and  taken  the 
above  action  is  County  Superintendent,  at  least  de  facto.  If  the  validity  of  the 
appointment  is  disputed,  the  issues  may  be  joined  by  an  action  to  replevin  the 
records  and  properties  of  the  office  or  by  a  writ  of  quo  warranto  against  one  of  the 
claimants.  —  7/p/r»»w/x.  Xu,,t.  See  note  '2'2. 

'•>.       Al'l'KAL   OX    DISMISSAL-    SUPERINTENDENT  CAN   NOT  SERVE  WHILE  APPEAL 

An  appeal  lies  to  the  Circuit  Court  from  a  decision  of  County  Com- 
rs  dismi«->in<r  a  Superintendent  from  office.  Whilesuch  appeal  is  pending, 
the  person  dismissed  can  not  act  a-;  Superintendent,  but  a  successor  may  be  ap- 
I,  and  will  hold  for  the  unexpired  term,  unless  the  person  dismissed  is  re- 
.1  by  the  Court.  See  Walls  v.  Palmer,  04  Ind.  4U3,  and  Matthews  ?•.  Chase, 
41  it/.  .  See  also  J.  M.  A:  I.  Ky.  R,  McQueen,  49  Ind.  »',}.  ' 

1<|.  ;uty  Commissioners  are  not  required  to  furnish  the 

County  Superintendent  with  an  office,  nor  are  they  liable  to  him  for  the  use  of  his 
own  otlice  as  Mich  Superintendent.  Hoard  of  Com.  v.  Axteil,  WJ  Ind.  384. 

11.  I.i  L  A  County  Superintendent,  properly  elected  and 

qualified,  holds  his  oflire  until  his  .-ucces-or  is  elected  and  qualified.  State  r. 
Sutton,  '.'!»  Ind.  300, 

TJ.  RK«  »KI>  OF  i-:i  i  •  TI-»X.  The  record  of  a  Superintendent's  election,  made 
by  the  County  Auditor,  is  />/•/,  and  is  priuui  facie  evidence  of  such 

election.  (ton,  '.»'.»  hid.  :iO<i. 

l:'>.  KLI:CTK>N  r.Y  P.ALLMT.  When  the  Township  Trustees  agreed  that  the  elec- 
tion of  a  Superintendent  ^hall  bi-  by  secret  ballot,  the  election  will  be  determined 
by  the  ballots  actually  cast,  and  in  a  suit  regarding  the  validity  of  such  an  elec- 
tion the  ballots  are  the  best  evidence,  but  when  they  have  been  lo-t,  it  is  proper 
for  the  jury  or  Court  to  consider  the  testimony  of  Trustees  who  cast  the  ballots, 
and  of  those  who  counted  them  and  announced  the  result.  State  r.  Sutton,  !M> 
Ind.  300. 

1  I.  n«»x.  Where  the  Trustees  agreed  that  the  elec- 

tion -lioiild  be  by  ballot,  adhered  to  that  mode  throughout,  and  at  the  time  the 
result  was  announced  suppo-ed  the  result  was  correctly  announced,  it  was  held 
that  an  adjournment  without  an  objection  was  not  an  acquiescence  in  the  result. 


U.P 

mis: 


58 


SCHOOL   LAW   OF   INDIANA. 


and  that  such  action  did  not  amount  to  an  acquiescence  in  the  result.  State  v. 
Sutton,  99  Ind.  300.  Without,  however,  regard  to  whether  the  votes  of  a  majority 
of  all  the  school  Trustees  are  necessary  to  the  valid  appointment  of  a  County 
Superintendent,  where  such  Trustees  recognize  the  appointment  as  valid  and  the 
appointee  qualifies  and  enters  upon  the  duties  of  the  office  with  the  acquiescence 
of  all  others,  he  may  compel  his  predecessor  to  deliver  the  records  of  the  office  to 
him.  McGee  v.  State,  103  Ind.  444. 

15.  MANDAMUS.     Mandamus  is  the   proper   remedy   to  compel  a  Superin- 
tendent to  turn  over  the  records  and  furniture  of  the  office  to  his  successor.     Mc- 
Gee v.  State,  103  Ind.  444. 

16.  RESIGNATION.     Where,  without  notice  of  the  withdrawal  of  a  resignation 
previously  made,  the  time  arrives  for  it  to  take  affect,  and  a  successor  to  the  in- 
cumbent is  duly  appointed,  no  formal  acceptance  of  such  resignation  is  necessary 
to  deprive  such  incumbent  of  title  to  the  office.     McGee  v.  State,  103  Ind.  444. 

17.  REGULARITY  OF  APPOINTMENT.     One  can  not  contest  the  regularity  of 
the  appointment  of  a  successor,  who  has  become  invested  with  an  apparant  title, 
by  refusing  to  surrender  the  records  of  the  office.     McGee  v.  State,  103  Ind.  444. 

18.  VOTING  FOR  HIMSELF.     A  Township  Trustee  can  not  vote  for  himself, 
and  if  he  does,  his  vote  is  void.     A  failure  of  the  Trustees  voting  for  other  candi- 
dates to  make  further  objections  after  the  presiding  officer  has  announced  the  re- 
sult of  the  election,  can  not  be  taken  to  be  either  an  implied  or  informal  vote  in 
favor  of  the  officer  who  voted  for  himself.     Hornung  v.  State,  116  Ind.  458. 

19.  TRUSTEES  PRESENT  AND  NOT  VOTING.     There  were  eight  Trustees,  all 
there  were  in  the  county,  present.     Four  voted  for  A,  and  the  other  four  declined  to 
vote.     The  chairman  announced  that  the  vote  was  a  tie,  and  the  Auditor  then 
voted  for  A.,  and  the  chairman  declared  him  elected;  A.  qualified  and  demanded 
the  office.     It  was  decided  that  he  was  duly  elected;  that  there  was  a  quorum 
present;  that  he  received  the  votes  of  all  those  present  and  voting,  which  was  a 
majority  of  the  number  necessary  to  constitute  a  quorum,  and  that  he  received  the 
necessary  number  without  the  vote  of  fhe  Auditor,  who  would  only  be  entitled  to 
vote  in  case  of  a  tie.     State  v.  Drummond,  125  Ind.  65. 

20.  AUDITOR  VOTING.     Township  Trustees  met  at  the  time  required  by  statute, 
several  ineffectual  votes  were  taken,  and  on  the  last  ballot  one-half  of  the  Trustees 
voted  for  E.,  and  the  others  voted  blanks.     A  resolution  was  then  offered  declaring 
that  E.   be  appointed.     The  vote  on  this  resolution  was  evenly  divided  for  and 
against  it.     The  Auditor  then  gave  a  casting  vote  for  the  resolution  and  a  certificate 
of  election  was  issued  to  E.     It  was  held  that  the  election  of  E.  was  void.     State  v. 
Edwards,  114  Ind.  581.  •  But  this  case  has  been  modified  by  the  case  cited  in 
note  19. 

21.  ORGANIZING  BOARD.     If  the  Trustees  meet  and  proceed  to  organize  as  a 
board,  if  there  is  a  tie  on  chairman,  the  Auditor  may  give  the  casting  vote. — 
Michener,  Atty.-Gen. 

22.  OFFICER  DE  JURE.     When  a  new  Superintendent  is  elected  and  qualified 
all  acts  of  his  predecessor  are  void  which  are  performed  thereafter. — Hord,  Atty.- 
Gen. 

23.  CITY  AND  TOWN  BOARDS.     The  President  of  City  and  Town  School  Boards 
can  not  participate  in  the  election  of  a  County  Superintendent. — Hord,  Atty.-Gen. 

24.  FILING  BOND.     Mere  failure  to  file  the  bond  within  the  time  required  by 
law  does  not  render  the  office  vacant.     Board  of  Com.  ?•.  Johnson,  124  Ind.  145. 


SCHOOL    LAW   OF    INDIANA.  59 

\nd  the  Auditor  can  not  refuse  to  approve  the  bond  on  the  ground  that  the 
Superintendent  was  corruptly  elected.  State  r.  Board  of  Com.,  124  Ind.  554. 

\i:i:s  sHon.n  N<>T  insi  KIMINATI:  A'.AINST  ANY  COUNTY 

EB.  It  is  asked  if  County  Commissioners  can  be  compelled  to  provide  an 
ofHce  for  the  County  Superintendent.  Technically,  probably  County  Commission- 
ers could  not  be  compelled  to  do  any  discretionary  act.  As  guardians  of  the  pub- 
lic welfare  they  ought,  however,  to  provide  properly  for  all  public  necessities. 
The  County  Superintendent's  office  is  a  public  necessity,  and  ought  to  be- provided 
by  the  Commissioi. 

The  Supreme  Court,  in  Board  t«.  Axtell,  96  Ind.  384,  said:  " The  County  Corn- 
oners  are  not  required  [hy  statute]  to  furnish  the  County  Superintendent  an 
office."  The  Commissioners  are  not  required  by  statute  to  furnish  the  Sheriff  an 
office  or  a  residence.  Yet  every  county  in  the  State  does  furnish  the  Sheriff  an 
office,  and  all  the  counties  in  the  State  except  three  furnish  the  Sheriff  a  residence. 
These  three  are  preparing  to  furnish  a  residence  for  the  Sheriff.  This  is  all  proper 
and  legal.  It  is  not  commanded  by  statute.  It  is  discretionary  with  them. 

In  discussing  their  discretionary  powers  in  the  Board  of  Commissioners  of 
Franklin  County  v.  Bunting,  111  Ind.  143,  the  Supreme  Court  said:  "That  the 
Board  is  invested  with  very  extensive  discretionary  powers  in  the  management  of 
county  affairs  <-;m  n,,t  be  donl-ted.  The  discretion  vested  in  it  is  comprehensive 
enough  to  authorize  it  to  build  a  Sheriffs  residence  in  connection  with  the  county 
jail,  for  such  an  act  is  within  the  scope  of  its  authority." 

what  offices  shall  be  provided. 

The  Commissioners  are  abundantly  warranted  by  the  law  in  providing  the 
County  Superintendents  with  an  office. —  Fortes,  Supt. 

[1893, P. 142.    Approved  and  in  force  May  18, 1893.1 

44*25.     Said  County  Superintendent  shall  examine  all  applicants  for 
licci:-'  rhcrs  f  »r  the  common  schools  of  the  State  by  a  series  of 

written  or  printed  questions,  requiring  answers  in  writing,  and  in  addi- 
tion to  the  said  quc.-tions  and  answers  in  writing,  questions  may  be  asked 
and  answered  orally,  and  it',  from  the  ratio  of  correct  answers  and  other 
evidence.-  disclosed  hy  the  examination,  the  applicant  is  found  to  possess 
a  knowledge  which  i>  Hifficicnt,  in  the  e.-timation  of  the  County  Super- 
intendent, to  enable  said  applicant  successfully  to  teach,  in  the  common 
school-  of  the  State,  orthography,  reading,  writing,  arithmetic,  geogra- 
phy, Kn.irlish  srrammcr,  ph\>iolo- v  and  the  history  of  the  United  States, 
and  to  "jovcrn  .-urh  .-cbool,  said  County  Superintendent  shall  license  said 
applicant  for  the  term  of  six  months,  tuelve  months,  twenty-four 
months,  or  thirty-six  month-,  according  to  the  ratio  of  correct  answers 
and  other  evidence.-  of  qualification?.  Lriven  upon  said  examination,  the 
standard  of  which  shall  he  fixed  hy  the  County  Superintendent;  and  in 
examining  persons  for  position-  to  teach  in  graded  schools  in  cities  and 
to\Mis,  the  County  Superintendent  may  take  into  consideration  the 
special  fitn«—  f  -uch  applicants  to  perform  the  services  required  of 


60 


SCHOOL    LAW   OF   INDIANA. 


them,  and  shall  make,  on  the  licenses  issued  to  such  applicants,  a  state- 
ment of  the  kind  of  work  for  which  they  are  especially  qualified ;  and 
all  applicants,  before  being  licensed,  shall  produce  to  the  County  Super- 
intendent the  proper  Trustee's  certificate  or  other  satisfactory  evidence 
of  a  good  moral  character :  Providedj  That  a  six  months'  license  shall 
be  regarded  as  a  trial  license,  and  that  no  person  who  hereafter  receives 
a  six  months'  license  in  any  county  shall  be  again  thereafter  licensed  in 
said  county  unless  he  obtains  a  grade  which  shall  entitle  him  to  receive 
at  least  a  twelve  months'  license  :  And  provided,  That  any  person  now 
possessing  a  thirty-six  months'  license,  whose  next  consecutive  license 
shall  be  for  a  term  of  thirty-six  months,  or  any  person  who  shall  here- 
after receive  two  licenses  in  succession  each  for  thirty-six  months,  may 
receive  at  the  expiration  of  such  several  licenses,  a  license  for  the  term 
of  eight  years  upon  such  an  examination  held  by  the  County  Superin- 
tendent as  may  be  prescribed  by  the  State  Board  of  Education,  and  such 
license  shall  issue  only  upon  the  approval  of  the  State  Board  of  Educa- 
tion, and  shall  be  styled  a  professional  license,  and  shall  entitle  the  holder 
to  teach  in  any  of  the  schools  of  this  State  :  Provided,  That  any  person 
who  has  taught  for  six  consecutive  years  in  the  common  schools  of  this 
State,  and  now  holds  a  three  years'  license  to  teach  therein,  or  who,  having 
previously  taught  for  six  consecutive  years  in  said  common  schools,  and 
shall  hereafter  obtain  a  three  years'  license  to  teach  therein,  or  who  has 
heretofore  been  exempted  under  this  act,  shall  be  forever  afterward 
exempt  from  examination  so  long  as  he  or  she  shall  teach  in  the  com- 
mon schools  of  the  county  in  which  said  three  years'  license  was  obtained  ; 
but  if  such  person  shall,  at  any  time  after  said  exemption  accrues,  suffer 
a  period  of  one  year  to  pass  without  having  taught  one  full  school  year 
in  the  common  schools  of  the  county  within  said  period,  then  said  exemp- 
tion shall  cease  at  the  option  of  the  County  Superintendent;  and  if 
such  person  shall,  during  such  exemption,  seek  employment  to  teach 
other  or  higher  branches  in  the  common  schools  of  this  State  than  those 
branches  which  were  included  in  the  examination  upon  which  said  three 
years'  license  was  issued,  then  he  or  she  shall  be  examined  in  such  addi- 
tional branches:  Provided,  That  said  County  Superintendent  be  au- 
thorized to  issue  an  exemption  license  upon  proper  affidavit  or  affirma- 
tion of  said  applicant,  and  that  said  exemption  license  be  subject  to  the 
same  legal  limitations  as  other  licenses  issued  by  said  County  Superin- 
tendent. 

1.  The  clause  "or  who  has  heretofore  been  exempted  under  this  act,"  refers 
to  the  act  of  1889.  It  is  an  amendment  inserted  by  the  Senate  and  afterward  rati- 
fied by  the  House,  showing  that  it  was  the  intention  of  the  Legislature  that  this 
act  should  have  no  effect  whatever  on  exemption  licenses  acquired  under  the  act 
of  1889.— Varies,  Supt. 


SCHOOL    LAW    <)F    IM»IANA.  61 


Under  the  act  of  March  2,  1880,  the  County  Superintendent  had  no  legal 
uthority  to  i»u»-  :i  certificate  of  the  exemption  license-.—  J'TiVs,  Svpt. 

3.  The  County  Superintendent  can  not  be  compelled  by  mandate  to  issue  cer- 

Bficate*  of  exemption  licenses  obtained  under  act  of  March  2,  1889.     At  the  Oc- 
1S90)  term  of  the  Jefferson  County  Circuit  Court  teachers  sought  to  compel 
;nty  Superintendent  to  issue  certificates  of  their  exemption  licenses.     On 
ubmission  of  agreed  statement  of  the  case,  Judge  Fried ly  s;ii<l:     "The  court 
fter  due  consideration,  adjudged  upon  the  facts  submitted,  That  the  said  teach- 
rs,  at  the  time  said  act  of  March  2,  1889,  became  a  law,  were  valid  licensed  teach- 
rs  and  exempt  from  examination,  under  said  law,  and  are  still  teachers  under 
aid  law,  the  force  and  effect  thereof  being  to  extend  the  licenses  held  by  them  at 
hat  time,  indefinitely,  so  long  as  they  shall  continue  to  teach,  each  year,  consecu- 
ively,  hereafter,  in  this  county.     And  that  it  was  not  obligatory  on  said  County 
•Miperintendent  to  issue  to  said  teachers  certificates  of  qualifications,  if  desired, 
ind  thereupon  it  is  adjudged  that  said  plaintiffs  have  no  cause  of  action  herein 
tgainst  said  defendant,  and  that  said  defendant  recover  his  costs  herein." — Varies, 
Supt. 

4.  County  Superintendents  are  authorized  to  issue  certificates  of  exemption 
licenses  obtained  under  the  act  of  1893.     But  this  act  does  not  authorize  them  to 
issue  certificates  of  exemption  licenses  obtained  under  the  act  of  1889. —  Varies, 
Supt. 

5.  Persons  holding  exemption  licenses  obtained  under  the  act  of  1889  should 
make  oath  or  affirmation,  to  the  Trustee  or  School  Board  employing  them,  that 
they  are  legally  licensed,  and,  therefore,  legally  competent  to  contract  as  teach- 
ers.—  Vori'v,  Sapt. 

-ons  teaching  in  the  common  schools  of  Indiana,  under  the  authority 
of  this  statute  (section  4425,  as  amended  March  2,  1889),  are  in  nowise  dependent 
upon  the  County  Superintendent  for  their  authority,  as  they  do  not  possess  any 
authority  granted  by  him  conferring  upon  them  the  right  to  teach.  Their  author- 
ity to  teach  springs  from  the  sovereign  power  of  the  State,  and  is  both  complete 
and  independent.  It  is,  as  it  were,  a  patent  granted  to  an  individual  for  continu- 

Ious  meritorious  conduct  as  a  public  instructor.     This  patent  derives  its  force  and 
authority  from  the  law-making  branch  of  our  State  Gove'rnment,  in  an  effort  to 
us  to  enter  into  and  continue  in  the  profession  of  school  teaching; 
long  a-  its  ownei  prevents  it  from  lapsing,  he  may  use  and  enjoy  it,  and 
there  is  no  power  to  revoke  the  authority  or  suspend  the  right.     A  person  thus 
author!  -..-h  must  deal  with  the  school  officers  [School  Trustees]  of  hi- 

county,  and  all  questions  of  moral  fitness  of  such  person  to  teach  in  the  public 

I    schools  must  be  settled  by  such  school  officers.     If  the  Trustees  and  School  Boards 
to  employ  a  person  1  of  a  statutory  right  to  teach,  they  alone  are 

lection,  there  being  no  power  to  eupervisc  or  reverse  their 
.     The  statute  imposes  no  limitation  on   the  right  of  School  Boards  to  de- 
cide whether  such  an  applicant  is  a  lit  j.eix.n  to  teach  in  the  common  schools  over 
which  they  have  jurisdiction.     Their  power  to  decide  is  original  and  final.     The 
•  siliiliiy  for  bad  selections  n-sts  with  the  school  officers  [School  Tn: 
•ierive  their  powers  directly  from  the  people,  and  must  account  to  them  for 
their   conduct.     The  County  Superintendent  has  no  power  to  control  or  revoke 
the  right.     The  ri«rht  doe-  not  spring  from  him,  and  the  statute  creating  it  does 
not  authorize  him  to  grant  or  suspend  it. — .-1.  0.  Aftftft,  Aft';. -Ken. 


62 


SCHOOL    LAW    OF    INDIANA. 


7.  EVIDENCE  OF  CHARACTEB.    A  superintendent  may  require  evidence  of  good 
moral  character  before  the  examination  commences,  and  if  such  evidence  is  not 
satisfactory,  he  may  refuse  to  examine  the  applicant.     This  is  not  a  wise  thing  to 

io,  however,  since,  if  the  question  of  scholarship  were  settled,  a  license  might  aft- 
erward be  issued  on  production  of  satisfactory  evidence;  or  on  an  appeal  to  the 
Superintendent  of  Public  Instruction,  the  question  of  moral  character  alone  would 
have  to  be  considered. — Smart,  Supt. 

No  person  who  indulges  in  such  immoral  practices,  as  profanity,  drunkenness, 
gambling  or  licentiousness,  should  be  licensed  to  teach. — Hoss,  Supt. 

8.  Loss  OF  CERTIFICATE,  ETC.     The  certificate   is  only  the  evidence  *of  a 
license.     It  follows  that  if  a  teacher  loses  his  certificate  he  remains  licensed, 'and 
should  be  so  treated,  provided  he  can  prove  the  facts.     In  such  cases  a  duplicate 
certificate  may  be  issued  from  the  Superintendent's  record.     The  failure  of  an 
applicant  upon  examination  does  not  affect  a  license  previously  issued  to  such 
applicant,  or  afford  ground  for  its  revocation. — Smart,  Supt.     But  see  note  23. 

9.  SPECIAL  FITNESS.     No  person  shall  be  admitted  to  the  benefits  of  the  pro- 
vision that  "special  fitness"  sh'all  be  considered  in  the  examination  of  teachers  for 
the  graded  schools  of  cities  and  towns,  except  on  presentation  of  a  written  request 
of  a  town  or  city  School  Board,  with  a  statement  that  said  Board  desires  to  employ 
said  applicant  for  a  certain  grade  of  work  named  or  described,  and  the  expediency 
of  complying  with  such  request  shall  be  left  to  the  discretion  of  the  County  Super- 
intendent.— Resolution  of  County  Superintendents'  Association,  1883. 

10.  SPECIAL,  LICENSES.     A  County  Superintendent  may,  upon  the  request  of 
the  School  Board  of  a  town  or  city,  examine  a  candidate  for  the  position  of  teacher 
of  German  in  the  graded  schools  of  such  town  or  city,  in  such  a  manner  as  will 
satisfy  him  that  the  candidate  is  qualified  for  such  work,  and  issue  to  the  said 
candidate  a  license  to  teach  the  German  language  as  a  branch  of  study  in  the 
graded  schools  of  a  town  or  city;    and  the  Trustees  of  said  town  or  city  may 
remunerate  a  person  holding  such  a  license  for  performing  the  specific  services 
thereby  authorized  out  of   the  common  school  revenue  for  tuition. — Holcumbi', 
Supt.     See  §4497,  note  5. 

11.  Under  the  provisions  of  this  section  it  is  not  entirely  plain  whether  it 
was  intended  that  persons  seeking  positions  in  graded  schools,  because  of  their 
special  fitness  to  teach  music,  drawing  or  penmanship,  should  hold  a  license  quali- 
fying them  to  teach  in  common  schools  ;  but,  in  view  of  the  construction  given  this 
section  throughout  the  State  in  the  graded  schools,  and  adopting  for  myself  the 
most  liberal  construction  that  can  be  given  to  the  section,  I  am  of  the  opinion  that 
where  School  Boards  have  directed  the  teaching  of  music,  drawing  and  penman- 
ship  as  independent  branches  in  such  schools,   the  only  license  that  should  be 
required  of  such  teachers  is  as  to  their  fitness  to  teach  in  such  special  branches. 

In  arriving  at  this  conclusion  I  have  given  to  the  statute  the  only  construction 
which  in  my  judgment  will  carry  into  force  and  effect  the  real  intention  of  the 
Legislature. 

To  construe  this  act  to  mean  that  every  professor  of  music,  drawing  and 
penmanship  or  other  specialty  required  to  be  taught  in  the  graded  schools  must 
first  show  himself  to  be  competent  to  teach  all  the  branches  taught  in  the  common 
schools  would,  in  a  majority  of  cases,  prevent  School  Boards  from  securing  the 
very  best  talent  to  teach  in  these  special  branches.  For  it  is  but  fair  to  say  that 
those  possessing  the  highest  order  of  skill  in  special  branches  are,  in  most  cases, 


SCHOOL     LAW    (>F    INDIANA.  »>> 


II 


I  CO     ftUIC 

.ram  lu 

ng,  ui 

ichool 

>rancl 
specia 

::;;' 


sqiialified   to   teach  in  all   the  branches  required  to  be  taught  in  the  common 

I  of  tin-  State. 

And  I  conclude,  therefore,  that  the  Legislature,  in  authorizing  these  special 
ranches  to  be  taught  in  the  graded  M-hools,  did  not  intend  to  require  of  Mich 
•   -r-i, us  other  qualifications  than  their  fitness  to  teach  such  branches.     This  being 
ue,  all  such  persons,  when  employed  to  teach  such  special  branches,  should  be 
therefor  in  the  same  manner  as  the  other  teachers  are  paid. — A.  G,  Xmith, 

12.      IM,K«,AI.  lasUtBOf  1.11  KN.-IX      Jf  a  new  Superintendent  finds  that  lie* 
ave  been  illegally  issued  by  \i\>  predecessor,  he  should  cancel  the  records  and  cer- 
iticatcs  thereof,  and  notify  the  School  Trustees  in  the  county  of  such  action.      Be- 
on-  taking  this  action  he  should  carefully  investigate  the  facts,  and  notify  the  par- 
ies intended.  Driving  them  an  opportunity  to  show  that  their  licenses  are  valid. — 

be,  > 

:'..     AiM-iTioxA],  BKAM-HKS.     ( rciierally  an  examination  in  the  enumerated 
•hes  i-  siitlicient,  but  when  a  school  district  has  decided  by  legal  school  meet- 
ng,  under  section  4~>ir_',  that  they  desire  other  or  higher  branches  taught  in  their 
-x-hool,  then  the  Superintendent  must  examine   the  applicant  on  the  additional 
>ranches  required  by  the  school  meeting.     But  in  case  a  School  Board  requires  a 
<pecial  tea*  her  in  a  graded  school,  such  teacher  should  be  examined  only  on  what 
required  to  teach.-  See  note  11.       PbrtM,  >'///*/. 

i -ii vi-:  I.H-KNSKS.    The   provision    of   the   law  which  creates  the 
ix  months'  and  eight  years'  licenses  contemplates  that  they  should  take  effect 
consecutively,  and  not  overlap  each  other  in  time.     A  person  who  has  received  two 
county  licences  of  the  tirst  grade  in  succession  "may  receive  at  the  expiration  of 
such  several  licenses  u  license  for  the  term  of  ei.iiht  years."  upon  pa>sing  a  certain 
ination.     The  intention  of  the  Legislature  was  to  relieve  teachers  of  approved 
skill  and  ability  from  the  burden  of  frequent  examinations.     But  the  benefits  of 
:-ht  years'  j.rof.  — ional  lic.-n-e  are  carefully  guarded,  being  extended  to  those 
Qfl  only  who  have  held  consecutively  a  twenty-four  months'  license  (heretofore 
i  ,  and  a  thirty->i\  months'  licence,  or  who  shall   hold  hereafter  two  thirty- 
six   months'  licenses  in   succession.      The  period  of    the   currency   of   these  two 
licenses  is  provided  us  a  trial  period  in  which  the  teacher  may  gain  experience  and 
prove  his  ability,  and  I  think  the  law  should  be  interpreted  as  not  permitting  such 
period  to  be  abridged   by  granting  the  second  or  third  license  more  than  thirty 
days  In-fore  the  expiration  of  the  one  j. receding  it.     Yet  tin-  examination  for  such 
license  may  not  improperly  be  held  within  a  reasonable  time  previous  to  the  expi- 
ration of  the  preceding  one.       LlOOWeS,   to   be   con-ecutive.  need    not  be   issued  in 
the  game  county.- -- II«l<'<,inl»-,  .^ii/it. 

!•",.  -IONAI,  u»  KNSKS.     It  is  ordered  that  persons  who  have  received 

two  county  licenses  of  the  tir-t  trrade.  iu  conformity  with  the  State  Superinten- 
dent's opinion  on  "  c..n-ecutive  li«  •  :e  S,  above),  may  be  admitted  within 
one  vear  of  the  expiration  of  the  second  of  such  licen-esto  an  examination  for  an 
ei-ht  year-'  ]»rof<  — ional  li.-cnse,  which  shall  comprise  the  subjects  of  elementary 
algebra,  elem.-nts  (,f  phy-ic-,  elements  ,,f  bi.tany,  grammar,  civil  government. 
American  literature,  and  the  pcience  of  teaching.  Such  examination  shall  be 
conducted  by  the  County  Superintendents  in  the  several  counties,  upon  quest  ion- 
prepared  by  the  State  Board;  the  manuscripts  shall  lie  sent  to  the  Board  for  gra- 
dation, and  the  certificates  granted  shall  take  effect  upon  the  expiration  of  the 


64  SCHOOL   LAW    OF    INDIANA. 

thirty-six  months'  licenses  held  by  the  persona  receiving  them.  An  examination 
for  eight  years'  licenses  is  held  in  March,  annually. — Order  of  State  Board,  Novem- 
ber 1,  1883. 

16.  MISCELLANEOUS.    A  license  may  be  refused  to  an  applicant  on  the  ground 
of  incompetency  to  govern  a  school.    A  license  may  be  issued  without  the  Trustee's 
certificate  of  character,  if  the  Superintendent  is  satisfied  on  the  subject.     The 
Superintendent  is  not  bound  to  examine  applicants  who  have  no  intention  to  teach 
in  the  county,  as  the  examinations  are  not  provided  for  the  amusement  of  novices. 
A  license  can  not  legally  be  antedated,  but  if  antedated  it  is  good  from  the  day 
when  it  is  issued  for  the  period  named  on  its  face. — Bloss,  Supt. 

17.  APPEAL.     If  an  applicant  for  a  license  is  not  satisfied  with  the  grading 
of  his  County  Superintendent,  he  may  appeal  to  this  department  [the  Department 
of  Public  Instruction] ;  and  if,  on  the  other  hand,  any  patron  of  a  school  thinks 
that  a  teacher  thereof  has  been  too  liberally  graded,  the  same  right  of  appeal 
exists  in  such  patron  as  in  the  applicant  for  a  license. — LaFolhtte,  Supt. 

18.  NEW  LIST  OF  QUESTIONS.     When  an  applicant  presents  himself  for  the 
work  of  the  regular  examination,  it  is  understood  to  mean  for  the  icork  of  that  day. 
Should  an  applicant  appear  at  a  subsequent  examination,  he  could  not  pass  upon 
those  questions  used  before ;  but  would  be  expected  to  pass  upon  a  new  list  of  ques- 
tions, which  are  in  the  hands  of  the  County  Superintendent  for  that  day's  use 
only.—  LaFollette,  Supt. 

19.  INCOMPETENT  TEACHER.    A  County  Superintendent  may  refuse  to  license 
a  teacher  whom  he  knows  to  be  incompetent  to  teach.     There  are  two  ways  that 
such  knowledge  may  come  to  him :    1st.    From  personal  visitation  and  inspection 
of  his  school  work.     2d.     From  statements  made  by  those  in  a  position  to  inspect 
such  work. — LaFollette,  Supt. 

20.  EXEMPTION    LICENSE.     The   law   expressly   says   that   a  teacher   must 
teach  without  interruption  after  a  license  is  issued  to  him  under  the  exemption 
clause  of  section  4425.     The  inference  is  that  the  six  years'  teaching  done  should 
have  been  done  in  the  six  years  last  past — that  is,  without  any  interruption — to 
entitle  an  applicant  to  the  exemption.     The  County  Superintendent  may  require 
such  evidence  of  his  teaching  in  other  counties  as  will  satisfy  him  that  the  teacher 
has  done  the  necessary  work,  and  that  he  has  shown  a  degree  of  success  suificient 
to  justify  the  Superintendent  in  granting  the  renewal.     I,  therefore,  hold  that  the 
teaching  must  have  been  done  in  the  six  years  last  passed,  but  that  the  teaching 
in  other  counties  may  be  credited,  if  the  County  Superintendent  is  fully  satisfied 
that  the  teaching  in  other  counties  has  been  successful.     A  Superintendent  may 
very  properly  refuse  to  issue  a  license  in  his  own  county  to  one  whose  success  is 
poor. — LaFollette,  Supt. 

21.  EXAMINATION  IN  TWO  COUNTIES.     There  is  nothing  in  the  law  directly 
prohibiting  a  Superintendent  from  issuing  a  license  upon  manuscripts  made  in 
another  county  under  the  supervision  of  another  Superintendent.     But  the  practice 
is  not  entirely  safe,  and  should  be  carefully  guarded.     If  the  manuscripts  are  sent 
by  the  Superintendent  of  another  county,  with  his  certificate  that  they  have  been 
fairly  and  honestly  made,  and  his  recommendation  of  the  applicant  as  to  character 
and  ability,  the  Superintendent  receiving  them  may  grade  them,  and  if  they  prove 
satisfactory  issue  a  license  to  the  applicant. — Holcoinbc,  Supt. 

22.  POWERS  OF  SUPERINTENDENT  NOT  JUDICIAL — LIABILITY.     The  County 
Superintendent  belongs  to  the  executive  department  of  the  government ;   lie  acts 


SCHOOL    LAV?    <>F    IMMANA.  65 


neither  :i  judicial  nor  y/ws/'-judiciai  capacity  in  licensing  persons  to  teach,  and 
hi-  has  a  di-cretioii  on  the  subject  of  licensing  teachers,  which  is  so  far  analogous 
to  judicial  discretion  that  he  is  protected  from  any  claim  for  damages  on  account 
mistake  in  his  decisions,  or  error  in  judgment,  either  in  granting  or  with- 
holding: a   license.      Yet   he  is  liahle  in  damages  for  maliciously  -withholding  a 
to  teach  from  an  applicant  lawfully  entitled  to  receive  the  same,  and  lie 
will  he  held  to  have  acted  maliciously  where  he  acts  either  from  willful  and  wicked 
or  from  corrupt  motives.  —  Khnore  r.  Overtoil,  104  Ind. 

•2:\.     LICKN-K  AND  CKKTIFK  ATI:.     There  is  no  leiral  distinction  between  the 

granting  of  a  li<  '-h  an'd  the  act  of  issuing  a  certificate  of  that  fact.      The 

.nvertible,  and  the  "  lin-nsinir"  implies  th..-  isMiing  to  an  applicant  of 

a  written  p<  rmission  to  teach  in  the  public  schools.  —  Elmore  v.  Overton,  104  Ind. 

note. 

21.        1'UINCIPALS    AND    HKiH    SCHOOL    TEACHERS    IN    TOWN    AND    CITY    SCHOOLS. 

I  think  the  spirit  of  the  law  is  fully  complied  with  when  high  school  teachers  pass 
examination  in  such  branches  and  only  such  as  they  are  required  to  teach.  If  an 
applicant  is  to  teach  say  Latin,  Geometry,  General  History  ami  1'hysics,  I  see  no 
good  reason  for  requiring  him  to  pa.-;  on  the  "ei-ht  common  school  branches."  I 
question  whether  ft  teacher  can  legally  draw  money  from  the  tuition  revenue  for 
teaching  the  high  school  branches  on  a  common  school  license.  The  intention  of 
the  law  clearly  is  that  a  teacher.-  fitness  to  teach  should  be  tested  on  what  he  is 
re-quired  to  teach,  not  on  what  he  is  not  required  to  teach.  —  See  note  1L  Varies, 

'_'•"».  DISCRETION.  Reasonable  discretion  of  the  County  Superintendent  can 
;  rolled  by  the  courts.—  11  Ky.  L.  II.  4SO;  .VJ  Iowa  111. 
IANDVMIS.  Mandamus  will  not  lie  to  compel  the  issuance  of  a  teach- 
by  the  County  Superintendent;  the  Superintendent  being  vested 
h  a  discretionary  power,  the  court  may  compel  him  to  act  upon  an  application, 
but  can  not  control  his  discretion,  liailey  r.  Ewart,  52  Iowa  111.  The  mode 
of  procedure  in  such  a  case  is  an  appeal  to  the  Superintendent  of  Public  Instruc- 
tion, and  if  after  hearing  the  case  he  orders  the  County  Superintendent  to  issue  a 
certificate,  mandamus  would  lie  to  co-npel  him  to  do  so.  —  Varies,  f>m>t. 

TOWN  OH  Ci:v  Si  ITKIM  KNDKNT.  A  person  employed  to  superintend 
and  manage  -chools  need  not  be  a  teacher  nor  have  a  teacher's  certificate.  —  81 
Mich.  214.  I'.ut  if  he  teaches  any  -ubject  he  must  have  a  certificate,  otherwise  he 
could  not  be  permitted  to  teach  even  though  he  drew  no  pay  from  the  tuition  rev- 
enue for  teaching.-  }'<>,-it.<,  Xnpt. 

A  rule  made  by  the  County  Superintendent  declaring  that  "No  certifi- 
cate i-  granted  f<>r  a  longer  period  than  twelve  months  to  an  applicant  who  has 
never  taught  in  this  comity  "  is  carrying  discretionary  power  to  the  point  of  dis- 
crimination, and  is  umv.-irraiited  in  law.  x  /;;/. 

2!'.  MINISTKKIAL  DOTY.  Mandamus  is  the  proper  action  to  compel  an  offi- 
cer to  perform  any  ministerial  duty,  but  mandamus  will  not  lie  to  compel  the  per- 
formance of  any  di-cretioiiary  duty.  —  2.".  Atlantic  Kep.  '.'21. 


5 — STHOOT.  LAW. 


SCHOOL    LAW    OF    INDIANA. 


[1865,  p.  3.    Approved  and  in  force  March  0, 1865.] 

4426.  May  revoke  licenses.  The  County  Superintendent  shall 
have  power  to  revoke  licenses  granted  by  him  or  his  predecessors,  for 
in  competency,  immorality,  cruelty,  or  general  neglect  of  the  business  of 
the  school ;  and  the  revocation  of  the  license  of  any  teacher  shall  termi- 
nate his  employment  in  the  school  which  such  teacher  may  have  been 
employed  to  teach.  (36) 

1.  PROCEDURE.     In  the  revocation  of  a  license,  the  Superintendent  may  act 
upon  his  own  knowledge,  or  he  may  proceed  upon  petition  of  the  patrons.     In  the 
former  case  he  should  make  out  and  record  charges  and  specifications,  based  on  his 
own  knowledge,  and  furnish  the  teacher  a  copy  thereof,  citing  him  to  appear  at  a 
certain  time  and  answer  with  such  evidence  and  explanations  as  he  may  be  able  to 
give.     The  answer  and  evidence  should  be  made  a  matter  of  record,  together  with 
the  finding  of  the  Superintendent.     In  case  a  petition  for  the  revocation  of  a  license 
is  received-f rom  patrons,  the  Superintendent  may  dismiss  it  if  the  complaints  are  of 
a  frivolous  character.     A  mere  petition  is  not  enough.     Definite  charges  and  speci- 
fications should  be  filed  with  it.     When  such  charges  are  received,  the  Superintend- 
ent should  fix  an  early  day  for  the  trial,  notify  the  teacher  of  the  pendency  of 
charges  and  furnish  him  a  copy  thereof,  and  notify  all  parties  interested  of  the 
time  and  place  at  which  the  trial  will  be  held.     An  accurate  record  of  all  the  pro- 
ceedings should  be  made  and  all  papers  filed,  for  use  in  case  of  an  appeal  to  the 
Superintendent  of  Public  Instruction.     Whenever  a  license  has  been  revoked,  the 
Superintendent  should  make  a  record  of  the  fact,  and  immediately  notify  all  the 
Trustees  of  the  county. — Smart,  Supt. 

2.  A  LICENSE  A  VESTED  RIGHT.     A  license  having  once  been  granted,  the 
teacher  acquires  a  proprietary  interest  in  it.     It  is  in  one  sense  property.     No 
teacher  should  be  deprived  of  his  license  without  an  opportunity  to  answer  charts 
that  may  be  brought  against  him,  whether   by  the   County  Superintendent  or 
others. — Smart,  Supt. 

3.  KEVOKING  LICENSES  AND  DISMISSAL  OF  TEACHERS.     The  license  of    a 
teacher  guilty  of  forgery  may  be  revoked;  he  must,  however,  be  actually  guilty 
of  the  crime,  and  while  an  indictment  against  him  is  strong  evidence  of  his  guilt, 
it  is  far  from  conclusive;  for  on  the  trial  he  may  be  acquitted.     The  fact  that  he 
dismissed  school  to  attend  his  trial,  does  not  authorize  his  dismissal.     The  fact 
that  many  citizens  of  the  vicinity  of  the  school  believe  he  is  guilty  does  not  au- 
thorize the  revocation  of  his  license  nor  his  dismissal.     The  fact  that  his  teaching 
tends  to  lower  the  moral  standard  of  the  schools  of  the  county,  and  hinder  the 
County  Superintendent  in  his  efforts  to  uphold  it,  does  not  authorize  his  dismissal. 
A  license  can  only  be  revoked  for  the  causes  enumerated  in  section  4426.     If  a 
majority  of  those  entitled  to  vote  at  a  school  meeting  petition  the  Trustee  to  dis- 
miss him,  the  Township  Trustee  may  do  so,  after  due  notice  and  good  cause  shown. 
A  County  Superintendent  is  not  liable  for  revoking  a  license  unless  he  acted  ma- 
liciously. — Michener,  Atty- Gen. 

4.  Pu.UTK'K.     When  charges  ol  incompetency  are  made  against  a  teacher, 
those  making  the  charges  should  be  required  to  prove  them  by  the  oaths  of  such 
witnesses  as  have  a  knowledge  of  the  facts.     If  the  teacher  fail  in  the  government 


OL     LAW    oK    IMH 

of  his  school,  or  ability  to  teach  Jai Is  short  of  the  proper  standard,  the  Superin- 
tendent is  justified  in  rev  proved.  The  exam- 
ination ol'  the  t.-a-'her  in  ;  tiled  by  the  issuing  of 
a  license  to  him.  The  charges  ol  <id  cover  that  part  of  the 
rork  along  the  line  of  the  practical  or  administrative  side  of  his  work. 

;lie  ('our.i  i-  vi-iN  is  pro| 

to  l»e  considered  in  p  i-ment  upon  tl 

l.MMoKAi.rrv.  •iiinoral   which  is  inconsistent 

with  wicked,    unjust,   dishonest  or  vici 

(>.      Frequen  QB,    throw!:  r    tiie  drinks,    and    usin^    profane 

r  the  revoca!ion  of   a  U  aeln-r\   license.       Lttl-'ol/ift,', 

7.      The  license  ol    a   teacher  who   frequents   a    place  of   gambling1  and   takes 
part  in  the  -ame  may  In-  revoked.—  I  ^'urf. 

•ion  41 1'-".. 

The  practice  of  requin-  surrender    their    certificates  upon 

taking  another  examination  is  mrvarranted  and  unlawful.  It  amounts  to  a  revo- 
cation of  the  license,  which  can  not  l>e  d  upon  the  orderly  procedure  in- 
dicated in  note  1. —  !""/•/..-•,  Snj>(. 

10.  nil  appeal  bon<: 

11.  K;:vor.vn.,.v    OF    EXEMPTION    LICENSE.       For  revocation  of    exemption 
license  obtained  under  ti: 

:nxl  in  force  Mar-li  S,  1873.] 

4427.      Examinations—  License.      Tin-     County     Superintendent 

^luill  holii  -IMC  i>til»lic  examination  in  eacli  month  in  the  yt'jir  in 

•  M<1   in   P.-  tint  a  license   upon  a  priv:r 

ainiiuitl.  n  ;   aihl  all  by  him  shall  IK*  limited  to  the  county 

in  \vhir-. 

1.  uiination   should    l»e   the  same  in  each 
'   ar.d  ad!:  nience  will  be  secured  to 

I  the  law  will  not  be  defeated,  but 
;miiu  r  may  hold  more  than  01 

animation  -'iblie  in  the  sense  here  required 

!y  announced   and  is  held  in  a    p;i!d!e   hall  or  oil: 

2.  Tlu-  public:;;  in  a  daily  or  weekly  newspaper  in  the  county  or 

lent    public  notice  in  the  SCUM-  here 
required. —  I'". 

,  :in<l  ill  d. p'.-  .March  •',. 

4128.    Record-book— Report    to    State    Superintendent.    The 

County   Siipcr'mh  :  11    provide   a    l>lank-l»n..k   al    tin-   61 

the  COttnty,  iu  \vhieh  he  shall  keep  minute  «>!'  \i\<  pFOO  anil  shall 

deliver  said  pe  :,d  jimperty  apj.ertain- 

ivecipt  tiieret'or.      Said  Su- 
I»erint('U,it  n;    >hali,    in   tlie    !  M;,v.   annually,    report    to  the 


68  SCHOOL    LAW    OF    INDIANA. 

Superintendent  of  Public  Instruction,  the  names  of  the  persons  to  whom 
he  has  granted  license  since  the  last  report,  for  his  county ;  distinguish- 
ing between  those  licensed  for  six,  twelve,  eighteen,  and  twenty-four 
months ;  giving  the  number  of  males,  and  the  number  of  females,  and 
total  number  licensed ;  and  the  number,  but  not  the  names,  of  appli- 
cants for  license  who  have  been  rejected ;  and  the  number  of  licenses 
revoked.  (38) 

1.  NOTE. — The  amendment  of  the  teachers'  license  law  abolished  the  eighteen^ 
months  and  created  a  thirty-six-months'  license.     This  section  was  inadvertently 
not  changed,  but  the  report  must  be  conformed  to  the  new  arrangement. — $4425. 

2.  PAROL  PROOF  OF  CONTENTS  OF  RECORD.     The  presumption  is  that  a 
County  Superintendent  kept  a  record  of  his  proceedings,  which  is  the  best  evidence 
of  his  acts  in  either  granting  or  refusing  a  license;  and  in  an  action  against  him 
for  maliciously  withholding  a  license,  oral  proof  of  his  admissions  that  he  had 
granted  a  license  to  the  applicant  is  inadmissible  unless  it  is  averred  in  the  com- 
plaint and  first  shown  that  he  kept  no  such  record  as  required  by  the  statute,  or 
that  such  record  is  incorrect.     Elmore  v.  Overton,  104  Ind.  548. 

[1873,  p.  75.     Approved  and  in  force  March  8, 1873.] 

4429.  General  duties.  The  County  Superintendent  shall  have 
the  general  superintendence  of  the  schools  of  his  county.  He  shall 
attend  each  Township  Institute  at  least  once  in  each  year,  when  he  shall 
preside  at  the  same  and  conduct  its  exercise.  He  shall  visit  each  school 
of  the  county  at  least  once  each  year,  for  the  purpose  of  increasing  its 
usefulness  and  elevating,  as  far  as  practicable,  the  poorer  schools  to  the 
standard  of  the  best.  He  shall  encourage  Teachers'  Institutes  and 
associations,  and  shall  labor,  in  every  practicable  way,  to  elevate  the 
standard  of  teaching,  and  to  improve  the  condition  of  the  schools  of 
the  county.  In  all  controversies  of  a  general  nature  arising  under  the 
school  law,  the  opinion  of  the  County  Superintendent  shall  first  be 
sought ;  whence  an  appeal  may  be  taken  to  the  State  Superintendent, 
on  a  written  statement  of  facts,  certified  to  by  the  County  Superintend- 
ent:  Provided,  That  nothing  in  this  act  shall  be  so  construed  as  to 
change  or  abridge  the  jurisdiction  of  any  Court  in  cases  arising  under 
the  school  laws  of  the  State ;  and  the  right  of  any  person  to  bring  suit 
in  any  Court,  in  any  case  arising  under  the  school  laws,  shall  not  be 
abridged  by  the  provisions  of  this  act.  He  shall,  at  all  times,  carry  out 
the  orders  and  instructions  of  the  State  Board  of  Education  and  the 
Superintendent  of  Public  Instruction,  and  shall  constitute  the  medium 
between  the  State  Superintendent  and  subordinate  school  officers  and 
the  schools  :  Provided,  That  city  schools  having  a  Superintendent  em- 
ployed by  their  board  may,  at  the  request  of  said  board ,  be  exempt  from 
the  general  superintendence  authorized  in  this  section.  (39) 


SCHOOL    LAW    <)F    INDIANA. 


69 


1.     NOTE.     The  Superintendent  has  the  care  and  oversight  of  the  schools  of 
county,  with  authority  to  direct  in  their  organization  and  management. — Hop- 

•1.     V  ISITATION.     The  provision  requiring  Superintendents  to  visit  their  schools 
ice  a  year  is  peremptory.     If  he  fails  to  do  so,  it  is  a  good  cause  of  removal. 
There  can  hardly  be  any  grosser  neglect  than  a  failure  to  visit  the  schools  at  least 

ra  year.  —  Hnldu  in,  Atty.-^ni. 
To  make  his  visitations  of  much  value,  the  Superintendent  ought  to  visit  each 
>ch<  ••  il  at  least  twice  a  year.  This  can  be  done  under  the  law  by  giving  each  school 
a  half  day  at  a  visit.  I  think  it  is  safe  to  say  it  was  the  intention  of  the  Legisla- 
ture that  the  Superintendent  should  be  allowed  at  least  as  many  days  for  visiting 
>chools  ax  lie  has  different  teachers  to  visit.  The  Commissioners  should  not  in 
iv  case  restrict  him  to  a  less  number  of  days  than  this,  and  if  he  is  a  prudent 
lan  it  would  be  safe  to  let  him  visit  at  his  own  discretion.  The  restriction  can  be 
placed  upon  him  at  any  time  if  it  be  shown  he  abuses  his  privilege. — Smart,  Supt. 

3.  EXEMPTION  OF  CITIES. — This  privilege  is  not  extended  to  incorporated 
towns.     The  request  should  be  addressed  to  the  County  Superintendent,  and  should 
be  entered  in  the  records  of  the  City  School  Board.     From  the  date  of  the  request 
and  so  long  as  a  City  Superintendent  is  employed  the  County  Superintendent  has 
no  authority  over  the  city  schools,  but  such  authority  will  revive  if  the  City  Board 
fails  to  employ  a  Superintendent. — Holcombe,  Supt. 

4.  VACCINATION.     The  duty  of  enforcing   rules   regarding   vaccination   of 
iool  children  belongs  primarily  to  Town,  City  and  County  Boards  of  Health,  and 
ondarily,  and  after  written  notice  from  the  State  Board  of  Health,  to  the  County 

Superintendent.— -JZa/dtriw,  Atty-Gen.     See  K.  6.  1881,  §4994. 

TOWER  AS  TO  COURSE  OF  STUDY  AND  RULES.  The  management  and  con- 
trol of  the  schools  is  conferred  by  law  upon  the  Trustees,  and  this  power  involves 
the  right  to  prescribe  a  course  of  study  and  make  rules  and  regulations.  But  the 
Trusters  also  appoint  a  County  Superintendent,  who,  in  a  large  department  of 
school  government,  is  the  representative  and  agent  of  the  Trustees,  and  to  him 
their  powers  are  delegated  so  far  as  is  necessary  to  successful  administration.  I 
think,  therefore,  that  if  neither  the  County  Board  of  Education  nor  the  Trustees 
individually  have  taken  the  necessary  action,  the  Superintendent  may  arrange  a 
of  study  and  direct  its  enforcement  in  the  schools,  and  may  make  reasonable 
and  regulations,  and  the  refusal  of  a  teacher  to  obey  the  Superintendent  in 
the-c  particulars,  would  be  such  "neglect  of  the  business  of  the  school"  ($4426)  as 
warrant  a  revocation  of  his  license,  or  would  indicate  such  incompetence 
.•essfully  tead,  as  would  warrant  a  refusal  to  grant  him  another 

?nse. — llnlconih,',  X'tjtt. 
»;.      I'KOCKIMI:]:  IN   AIMM  I  1438. 

7.      See  section*   1  1-1    1  186  and  I 


p.  68.    Approved  and  in  force  March  8, 1873.] 


4430.     When  must  enumerate.     When  any  Trustee  shall  neglect 
to  file  with  the  C'.unty  Superintendent  an  enumeration  of  the  children 

of  the  township,  town  or  city,  as  required   l.y  section   4472,  the  County 
Superintendent    .-hall,    immediately  after   the   first    day   of  May  in   each 


70  SCHOOL    LAW    OF    INDIANA. 

year,  employ  a  competent  person  to  take  the  same,  and  allow  a  reason- 
able compensation  for  such  services,  payable  from  the  special  school 
revenue  of  the  township ;  and  shall  proceed  to  recover  the  same  in  the 
name  of  the  State  of  Indiana,  for  the  use  of  said  revenue  of  said  town- 
ship, by  action  against  the  'said  Trustee  in  his  individual  capacity ;  and 
in  such  suit  the  County  Superintendent  shall  be  a  competent  witness.. 
(40) 

1.     See  sections  4472-4475. 


[1883,  p.  113.    Approved  and  in  force  March  6, 1883.] 

4431*  Annual  reports.  The  County  Superintendents  shall,  on  or 
before  the  fifteenth  day  of  May,  annually,  make  out  and  forward  to  the 
State  Superintendent  the  enumeration  of  their  respective  counties,  with 
the  same  particular  discrimination  required  of  the  Trustee.  They  shall, 
on  or  before  the  first  day  of  September,  annually,  furnish  the  statistical 
information,  which  Trustees  are  required  to  report  to  them  in  such  form 
as  may  be  prescribed  by  the  Superintendent  of  Public  Instruction.  They 
shall  also  furnish  with  such  statistical  report  such  additional  information 
embodied  in  a  written  report  relative  to  the  condition  of  the  schools, 
school  houses,  and  the  general  progress  of  education,  etc.,  in  the  county, 
as  the  State  Superintendent  may  from  time  to  time  call  for.  On  failure 
of  any  County  Superintendent  to  make  his  report  of  enumeration  by 
the  first  day  of  September  [fifteenth  day  of  May],  his  county  shall  be 
subject  to  a  diminution  of  twenty-five  dollars  in  the  next  apportionment 
of  school  revenue  by  the  State  Superintendent ;  and,  on  failure. to  make 
his  statistical  and  other  reports  by  the  fifteenth  [first]  day  of  September, 
his  county  shall  be  subject  to  a  diminution  of  ten  dollars  in  the  next  ap- 
portionment likewise.  The  sum  thus  withheld  may  be  collected  from 
said  County  Superintendent,  in  a  suit  before  a  Justice  of  the  Peace, 
prosecuted  in  the  name  of  the  State  by  any  person  living  in  said  county 
who  has  children  enumerated  for  school  purposes,  for  the  current  year, 
and  who  is  aggrieved  by  said  diminution.  Said  suit  shall  be  commenced 
within  two  years  from  the  time  when  said  report  was  due,  and  not  after- 
ward :  Provided,  That  said  County  Superintendent  may  discharge  him- 
self from  liability  to  such  suit  by  a  certificate  of  the  postmaster,  that 
said  report -was  mailed  indue  time,  together  with  his  own  affidavit  of 
that  fact.  (41) 

1.  AMENDMENTS  EXPLAINED.  The  school  law  of  1861  for  the  first  tiim- iv- 
quired  the  Trustees  to  report  the  enumeration  to  the  County  Examiner,  and  the 
Examiner  to  report  it  to  the  Superintendent  of  Public  Instruction.  The  report  was 
then  made  on  or  before  Sppteniher  1st.  The  amendment  of  the  section  in  1873- 


"»L 


71 


changed  the  date  to  May  l-~>th,  as  it  still  remains,  and  fixed  September  15th  as  the 
i -i  the  statistical  report     The  amendment  of  1883  changed  this  latter  date  to 
;aber  1st.      In  re-writing  the  section  for  amendment  in  1883  a  mistake  was 
made  in  the  latter  part  by  naming  September  loth  instead  of  May  15th,  and  the 
15th  instead  of  the  1st  of  September,   as  the  last  days  of  grace  for  the  & 
reports.  —  -Jfnlnnnbi',  Xiijit. 

'1.      PKIYATI:  iss'i TIM  TK>.\>.     County  Superintendents  are  expected  to  furnish 

deal  and  other  reports  relative  to  private  schools,  high  schools,  colleges  ami 

other  private  institutions  of    learning  within  their  respective  counties,  so  as  to 

enable  the  Superintendent  of  Public  Instruction  to  present  a  view  of  all  the  edu- 

"iial  facilities  of  the  State. — Hopkins,  Snjit. 

3.  J'.iKKAf  (IF  STATISTICS.     County   Superintendents   are  also   required   to 
furnish  information  to  the  State  Bureau  of  Statistics. — See  §4433,  notes  4  and  5 
and  K.  S.  1881,  §5720. 

4.  See  section  4414. 


. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 


[32.      Apportionment— Report.      The    County    Superintendent 

shall  make  out,  from  the  lists  <>f  enumeration  and  the  reports  of  trans- 
Hie  apportionment  of  school  revenue  to  the  several 
township.-,  towns  and  cities  of  their  respective  counties,  and  parts  of  con- 

i'.nal  townships  of  adjoining  counties  whose  congressional  township 
fund  i>  mannp-d  in  their  counties,  and  report  the  same  to  the  proper 

!v  Auditors  hy-the  first  day  of  June,  annually,  so  as  to  enable 
County  Audi!'  •  urately  apportion  the  school  revenue  for  tuition. 

1.  1«  oi    :i)»j>ortionment  should  show, 
by  number  and  ring",  tli.                                  ahip*,  or  parts  of  congressional  towri- 

which   f-  •  i lumber  of  children  enumerated  in 

ii'imber  of  children  enumerated  in  each  civil 
ii.ziMient  he  should  iile  with  the  Auditor  ; 
..-si  tmvnsh:  funds  are mana 

county  are  divided  i  '  tie  number  of  children  enumer- 

2.  See  Section  ; 


4433.     Compensation.      Tl.-  y   Superintendent   shall   ro 

four  doll.  very   <lay  actually  cuijiloycd    in   the  discharirt1  <>f  the 

dutic>  rtMjuircd  Ity  ihi>  act  Uut  l>et'<.iv  ih.-  County  ( 'Mmnii»i.uii  rs 
shall  allow  hi>  ])«-r  dii-in,  the  MUIIC  sball  l>c  ]»n-M-ntfd  in  a  hill  ofacci.unt 
stating,  iu  .-cparatt-  items,  the  nature  and  amount  of  .-ervice  rendered  on 
each  day  fur  which  lie  claims  compensation;  which  hill  of  account  shall 
i-iiied  hy  ariidavit  to  the  effect  that  the  same  and  each  item  thereof 


72  SCHOOL    LAW    OF    INDIANA. 

is  just  and  true.  The  County  Auditor  shall  draw  his  warrant  on  the 
County  Treasurer  for  the  amount  allowed  by  the  Board  in  favor  of  said 
Superintendent,  and  the  Treasurer  shall  pay  the  said  warrant  out  of  the 
ordinary  county  revenues :  Provided,  however,  That  the  said  Board  of 
Commissioners  shall  have  power  to  determine  the  number  of  days  in  each 
year  in  which  the  County  Superintendent  may  labor  in  the  performance 
of  the  duties  required  of  him  in  visiting  schools :  Provided,  further, 
The  number  of  days  so  allowed  in  each  year  for  visiting  schools  shall  not 
be  less  than  the  whole  number  of  schools  in  such  county  over  which 
such  Superintendent  has  control ;  and  he  shall  receive  no  perquisites 
whatever.  (43) 

1.  LIMITATION  OF  VISITS — MILEAGE.     Until  the  Board  has  established  such 
limitation  or  number  the  Superintendent  is  justified  in  claiming  pay  for  every  day 
actually  used  by  him  in  performing  such  duties;  and  the  Board  can  not,  after  he 
has  performed  such  labor,  then  limit  the  number  so  as  to  reduce  it  below  the  num- 
ber of  days  he  has  labored  in  the  performance  of  his  duties  in  visiting  the  schools 
for  the  past  year.     They  must  establish  such  number  before  he  has  performed  the 
labor,  and  if  they  do  not  and  he  exceeds  the  number  they  afterward  establish,  he 
is  not  bound  by  such  action  of  the  Board  except  as  to  work  he  may  do  in  the 
future.    The  statute  makes  no  allowance  for  mileage. — Baldwin,  AUy.-Gen.;  $4429, 
note,  2. 

2.  COUNTY  COMMISSIONERS  MUST  MAKE  REASONABLE  ALLOWANCE  FOR  INCI- 
DENTAL EXPENSES  INCURRED  BY  COUNTY  SUPERINTENDENT  IN  HIS  OFFICIAL   DU- 
TIES.— You  ask  my  opinion  on  the  following  questions: 

"First.  County  Superintendents  are  compelled  to  incur  expenses  for  printed 
postal  cards,  giving  notice  of  county  institutes,  associations,  and  other  gatherings 
of  the  teachers  of  their  respective  counties ;  circular  letters  to  teachers  and  school 
officers,  explaining  plans  and  purposes  of  the  work  to  the  end  that  the  schools 
may  be  more  uniformly  conducted,  and  that  the  patrons  may  receive  a  greater 
benefit  in  return  for  the  money  expended  ;  envelopes  and  other  stationery  used  in 
the  conduct  of  the  business  of  their  offices;  blank  licenses  for  teachers,  postage 
stamps  and  expressage,  used  in  the  management  of  such  official  business." 

"Second.  Since  these  expenses  are  incurred  'for  the  use  of  the  county  '  in  the 
administration  of  his  official  duties,  and  in  view  of  the  importance  of  the  work 
to  the  people,  and  the  mandatory  duties  imposed  upon  the  County  Superintend- 
ent by  section  4429,  is  it  not  also  a  mandatory  duty  of  the  County  Commissioners 
to  allow  such  bills?" 

The  County  Superintendent  is  by  law  charged  with  the  general  superintend- 
ence of  the  schools  of  his  county,  and  shall  labor  in  every  practicable  way  to 
elevate  the  standard  of  teaching,  and  to  improve  the  condition  of  the  schools  of 
Mhe  county. 

(Section  4429,  R  S.  1881.) 

The  duties  here  imposed  are  as  comprehensive  as  the  school  system  itself,  and 
reaches  out  through  every  avenue  into  which  the  practical  science  of  school  teaching 
may  for  any  purpose  extend.  Many  of  the  duties  of  the  Superintendent  are 
specified,  such  as  attending  township  institutes,  and  conducting  exercises  therein, 
visiting  the  schools  once  each  year,  for  the  purpose  of  increasing  their  usefulness,. 


SCHOOL     LA\V 


INDIANA. 


encouraging  teachers'  institutes  and  associations,  and  to  elevate  the  standard  of 
teaching,  and  improve  the  general  condition  of  the  schools  of  the  county,  to  set- 
tle all  controversies  arising  under  the  school  Ja\v  where  hie  opinion  is  sought,  and 
shall,  in  addition  to  the  duties  specified,  labor  in  every  practicable  way  to  elevate 
the  standard  of  teaching  and  the  condition  of  the  public  schools  of  the  county. 
It  is  but  fair  to  presume  that  the  labors  not  enumerated  in  the  statute  are  as  im- 
portant to  the  schools  and  as  difficult  of  performance  as  those  specifically  men- 
tioned. It  would  be  impossible  to  enact  a  statute  covering  every  duty  of  the 
Superintendent  neee^ary  to  the  successful  management  of  the  public  schools, 'and 
therefore,  the  law  leaves  the  performance  of  all  duties  necessary  to  elevate  the 
standard  of  teaching  and  the  improvement  of  the  schools  not  enumerated  in  the 
statute  to  his  sound  discretion.  All  la»vs  relating  to  the  management  of  the  pub- 
iools  should  be  given  a  broad  and  liberal  construction,  and  applying  this 
rule  of  construction  to  section  4421),  I  conclude  that  the  County  Superintendent 
•Hid.  in  fact,  it  will  become  necessary  for  him  to,  use  the  various  kinds  of 
stationery  mentioned  in  your  communication,  and  indeed  it  is  difficult  to  see  how 
he  could  perform  the  duties  of  his  office  as  the  statute  requires  without  resorting 
ii  expenditures.  The  public  schools  must  keep  pace  with  the  growth  of 
pulation  and  the  advancement  of  science,  and  the  labors  incident  thereto  will 
as  the  condition  of  the  schools  are  improved  and  the  standard  of  teach- 
becomes  elevated ;  and  to  meet  this  advanced  condition  the  law  has  wisely  in- 
ted  the  Superintendent  with  certain  discretionary  powers  relating  to  the  man- 
ment  of  the  schools  and  the  encouragement  of  those  under  him  who  are 
enur.r_red  in  educational  work.  To  exclude  him  from  the  use  of  proper  stationery, 
printing,  postage  and  expressage  in  the  prosecution  of  this  work  would  be  to  rele- 
gate the  >chool  system  to  the  imperfect  condition  of  the  past,  and,  in  the  name  of 
parsimonious  economy,  cripple  and  render  inefficient  the  public  schools  of  the 
-  ate.  1'ublic  policy  and  the  cause  of  education  are  opposed  to  such  con- 
struction of  the  statute,  while  its  plainest  reading  supports  the  conclusion  here 
reached. 

The  stationery  which  the  statute  expressly  allows  to  the  School  Superintend- 
ent, and  such  other  not  specifically  mentioned,  as  in  his  discretion  is  necessary 
fora  judicious  administration  of  the  a  Hairs  of  his  office,   including  postage,  ex- 
.rr.  printing  blanks,  envelopes  and  circulars,  should  be  allowed  to  him  by 
the  Ili-ard  of  <  '<.mmi-.-ii.ii. 

The  County  Superintendent  is  a  county  officer,  and  such  stationery  is  for  the 

I    the  county,   and    its   payment    is   fully  authorized  by  section  6028,   K.   S. 

1881.     The  rensonabletie--  of  -uch  «  :  >wever,  is  a  matter  for  the  Board  to 

determine.     The  action  of  the  Hoard  of  <  'ommissioners  in  matters  of  this  kind  is 

judicial   in    its  character,   and  an -appeal  maybe  taken   from  such  order  to  the 

•irt.  A.  ( r.  SMITH. 

'/'.     llri:il     It.       •  •'.„,.  At!  ,•„/. 

•'i.  (  '  NT-MI  i>.  The  County  'ommissioners  are  not  required  to  fur- 

nish the  County  Superintendent  an  oflice.  Kven  if  they  were  required  to  furnish 
him  an  oflice.  they  would  not,  in  the  absence  of  a  contract,  be  liable  to  him  for 
the  u<e  of  an  office  of  his  own  for  the  purposes  of  the  County  Superintendent. — 
I  v.  .I,/-//.  W  In.l.  : 

It  is  undoubtedly  proper,  and  not  at  all  in  conflict  with  the  above  decision  of 
the  court,  that  the  Commiarion^n  should  allow  the  County  Superintendent  the  use 


74  SCHOOL    LAW    OF    INDIANA. 

of  a  room  in  the  Court  House,  whenever  possible.     The  newer  Court  Houses  in- 
variably provide  accommodations  for  the  County  Superintendent. — Holcombe,  Supt. 

4.  POWER  TO  PROVIDE  THE  SUPERINTENDENT  WITH  AN  OFFICE.     Technically, 
County  Commissioners  could  not  be  compelled  to  do  any  discretionary  act.     As 
guardians  of  the  public  welfare  they  ought,  however,  to  provide  properly  for  all 
public  necessities.     The  County  Superintendent's  office  is  a  public  necessity,  and 
ought  to  be  provided  for  by  the  Commissioners.     That  they  are  clearly  and  amply 
authorized  to  do  so  will  appear  from  the  following : 

The  Supreme  Court  in  Board  v.  Axtell,  96  Ind.  384,  said:  "The  County  Com- 
missioners are  not  required  to  furnish  the  County  Superintendent  an  office."  The 
Commissioners  are  not  required  by  statute  to  furnish  the  Sheriff  an  office  (sec. 
5748,  K.  S.  1881)  or  a  residence.  Yet  every  county  in  the  State  does  furnish  the 
Sheriff  an  office,  and  all  the  counties  in  the  State  except  three  furnish  the  Sheriff 
a  residence.  This  is  all  proper  and  legal,  yet  it  is  not  commanded  by  statute. 
It  is  discretionary  with  them. 

In  discussing  their  discretionary  powers  in  The  Board  of  Commissioners  of 
Franklin  County  v.  Bunting,  111  Ind.  143,  the  Supreme  Court  said  :  "That  it  (the 
Board  of  Commissioners)  is  invested  with  very  extensive  discretionary  powers  in 
the  management  of  county  affairs  can  not  be  doubted.  The  discretion  vested  in 
it  is  comprehensive  enough  to  authorize  it  to  build  a  Sheriff's  residence  in  con- 
nection with  a  county  jail,  for  such  an  act  is  within  the  scope  of  its  authority. "- 
Varies,  Supt. 

5.  AMOUNT  OF  CLAIM.     The  Superintendent  should  file  his  claim  for  the 
full  amount  of  his  services  at  $4  per  day  up  to  the  end  of  the  quarter. — 70  Ind. 
208;  71  Ind.  185. 

6.  EEPORTS  TO  BUREAU  OF  STATISTICS.     The  duty  imposed  on  the  County 
Superintendent  of  schools,  by  K.  S.  1881,  §5720,  to  make  reports  to  the  Bureau  of 
Statistics,  is  an  official  duty  imposed  upon  the  officer,  for  which  he  is  not  entitled  to 
compensation. — Yeager  v.  Board,  95  Ind.  427. 

7.  From  the  fact  that  §5720  (R.  S.  1881)  enumerates  a  large  number  of  persons 
or  classes  of  persons  from  whom  reports  may  be  exacted,  I  am  of  the  opinion  that 
each  person  or  officer  mentioned  can  be  required  to  report  only  those  matters  with 
which  his  business  makes  them  conversant.      Thus   the  County  Superintendent 
can  be  required  to  report  the  educational  statistics  of  the  county,  but  can  not  be 
made  a  collector  of  general  information. — Holcombe,  Supt. 


[1875,  p.  131.    Approved  and  in  force  March  9, 1875.] 

4434.  Duty  as  to  apportionment.  Such  Superintendent  shall 
see  that  the  full  amount  of  interest  on  school  fund  is  paid  and  appor- 
tioned, and,  when  there  is  a  deficit  of  interest  of  any  school  fund,  or 
loss  of  any  school  fund  or  revenue  by  the  county,  that  proper  warrants 
are  issued  for  the  re-imburseraent  of  the  same ;  but  no  per  centum  be- 
yond what  is  provided  for  herein  and  allowed  shall  in  any  case  be  paid 
him  by  said  Board  of  Commissioners.  (6) 


SCHOOL    LAW    OF    INDIANA. 


: 


[1873,  p.  7">.     Ai>i>rove<l  and  in  force  M:irch  8, 1873.] 

4435.  Dllt.V  as  to  school  fund.  The  official  dockets,  records, 
and  Itooks  of  account  of  the  Clerks  of  the  Courts,  County  Auditor, 
County  Commissioners,  .Justices  of  the  Peace,  Prosecuting  Attorneys, 
Mayors  of  citirs.  and  Township  and  School  Trustee.-,  shall  l>e  open  at 
all  times  to  the  inspection  of  the  County  Superintendent;  and  whenever 
he  shall  find  that  any  of  said  officers  have  neglected  or  refused  to  collect 
and  pay  over  interest,  fines,  forfeitures,  license.-,  or  other  claims,  due 
the  school  funds  and  revenues  of  the  State,  or  have  misapplied  the  school 
funds  and  revenues  of  the  State,  or  have  misapplied  the  school  funds  or 
revenues  in  their  possession,  he  shall  be  required  to  institute  suit  in  the 
name  of  the  State  of  Indiana  for  the  recovery  of  the  same,  for  the  ben- 
tit  of  the  school  funds  or  revenues  and  make  report  of  the  same  to  the 
Hoard  of  County  Commissioners  and  to  the  State  Superintendent  (7) 

1.  INSFITI nxo  M  ITS.     It  was  held  by  the  Supreme  Court,  in  Moore  v.  State, 
.">.->  Ind.  W),  th:st  the  section  which  now  appears  as  £5668  R.  S.  1881,  repealed  so 
much  of.  this  section  as  authorized  the  Superintendent  to  bring  actions,  and  made 
the  Attorney-i  ieiieral  the  only  proper  relator;  but  in  the  later  case  of  Carr  v.  State, 
M  Ind.  342,  the  Court  overruled  its  former  decision,  saying:     "We  perceive  no 
reason  lor  Baying  that  there  is  any  inconsistency  between  this  act  which  confers 
upon  the  Attorney-General  power  to  collect  and  to  sue,  and  the  previous  acts 
which  conferred  similar  power  on  other  officers.     They  may  well  stand  altogether, 
and  whichever  officer  iir-t  institutes  a  suit  will  have  the  precedence."     In  view  of 
the  uncertainty  surrounding  this  question,  it  would  probably  be  held  to  be  a  suf- 
ficient compliance  with  the  law  if  the  Superintendent  should  examine  dockets  and 
make  an  investigation  whenever  he  has  reason  to  suspect  that  collections  have 
hem   ;  or  school  funds  or   revenues  misapplied,  by  the  officers  named 
above,  and  should  notify  the  Attorney-General  in  case  there  seems  to  be  ground 

•lib'',  X>/]>f. 

2.  Sri  N <HI i-  TRUSTEE.     A  County  Superintendent  may  bring 
an  action  auain.-t  a  defaulting  Township  Trustee;   hut  his   right  to   hrin^  such  an 

not  prohibit  the  successor  of  such  Trustee  suing  his  predecessor. — 
Nirh  Ind.  "»rj. 


.  122.     \i>prov.-,i  .u,,i  in  force  March  2, 1877.] 

I 

44.'M.     County  Hoard  of  Kdwation.    The  County  Superintendent 

and  tin-  Trustees  of  the  town-hips,  ami  the  Chairman  of  the  School 
Trustees  of  each  town  and  city  of  the  enmity  shall  constitute  a  County 
Hoard  of  Education.  Said  Board  >liall  meet  scmi-annually  at  the  office 
of  the  County  Superintendent  on  the  first  days  of  May  and  September 
Mini  M  days  lie  Sunday,  ami  if  so  on  tbe  day  following,  a  ma- 

jority of  \\honi  shall  constitute  a  ijuonim.     The  County  Superintendent 


76  SCHOOL    LAW    OF    INDIANA. 

shall  preside  at  the  meetings  of  the  Board,  shall  be  allowed  to  vote  on 
all  questions  as  other  members  of  the  same  are  allowed  to  vote.  Said 
Board  shall  consider  the  general  wants  and  needs  of  the  schools  and 
school  property  of  which  they  have  charge,  and  all.  matters  relating  to 
the  purchase  of  school  furniture,  books,  maps,  charts,  etc.  The  change 
of  text-books,  except  cities,  and  the  care  and  management  of  township 
libraries,  shall  be  determined  by  such  Board,  and  each  township .  shall 
conform  as  nearly  as  practicable  to  its  action  ;  but  no  text-book  hereafter 
adopted  by  the  County  Board  shall  be  changed  within  six  years  from 
the  date  of  such  adoption,  except  by  unanimous  vote  of  all  the  mem- 
bers of  such  Board :  Provided,  That  any  text-book  heretofore  adopted 
by  the  County  Board  of  Education  shall  not  be  changed  within  three 
years  from  the  date  of  its  adoption.  (8) 

1.  ADJOURNED,  NOT  CALLED  MEETINGS.     The  law  provides  for  the  assem- 
bling of  the  County  Board  semi-annually  on  the  first  days  of  May  and  September. 
The  Board  having  met  on  the  first  day  of  September,  they  would  have  a  right  to 
adjourn  from  day  to  day  until  the  business  before  them  was  completed.     But  if 
they  have  adjourned  sine  die,  they  would  not  have  a  right  to  meet  any  more  until 
the  first  day  of  May. —  Woollen,  Atty.-Gen. 

I  think  this  opinion  of  Attorney-General  Woollen  properly  states  the  law  on 
the  subject.  See  State  v.  Harrison,  67  Ind.  71 ;  Sackett  v.  State,  74  Ind.  491.— 
Hord,  Atty.-Gen. 

2.  QUORUM,  COURSE  OF  STUDY,  RULES  AND  REGULATIONS,  RECORDS,  ETC.     In 
the  absence  of  the  County  Superintendent  the  Board  may  appoint  one  of  its  mem- 
bers president  pro  tern.     No  action  can  be  taken  by  the  Board  unless  a  majority  of 
all  the  members  are  present.     If  such  majority  be  present  at  any  meeting  the  Board 
may  take  legal  action  upon  suitable  questions  by  a  majority  vote  of  those  present ; 
but  some  questions  require  a  majority  vote,  and  others  a  unanimous  vote,  of  all 
the  members  of  the  Board. 

The  Board  may  adopt  a  course  of  study  for  the  district  schools,  and  rules  and 
regulations  for  the  government  thereof,  but  it  should  not  attempt  to  make  rules 
for  the  schools  of  towns  and  cities. 

It  is  very  important  that  school  officers  and  county  boards  should  make  a  careful 
record  or  their  proceedings.  If  a  board  takes  any  legal  action,  and  fails  to  re- 
cord it,  or  makes  an  incorrect  record,  the  record  can  be  amended  by  order  of  the 
board  at  a  subsequent  meeting.  A  legal  act  is  not  necessarily  void  by  reason  of  a 
failure  to  make  a  record  of  it;  but  if  a  question  should  arise  as  to  the  action  of  a 
board,  evidence  may  be  taken  at  a  subsequent  meeting  outside  the  records,  and  a 
new  record  may  be  made  in  accordance  with  the  fact  as  ascertained. — Smart,  Supt. 

The  County  Board  and  Trustees  have  the  right  to  make  such  rules  and  regula- 
tions, according  to  law,  as  will  tend  to  promote  the  general  good  of  the  public 
schools,  and  it  is  the  duty  of  teachers  to  carry  out  such  rules  in  good  faith. — Bloss, 
Supt. 

3.  CAN  NOT  MAKE  CONTRACTS.     The  County  Board  of  Education  has  no  power 
to  make  contracts.     It  is  merely  a  gtwm-corporation  with  but  limited  powers,  and 
is  nowhere  authorized  to  contract,  or  sue  or  be  sued.     As  a  Board  it  has  no  control 


-I'H. MIL     LAW    <>F    INDIANA. 


77 


revenues,  nor  power  to  order  any  expenditure.      But  all  or  any  number  of  tin- 
Trustees  may  join   together  in  purchasing  or  contracting  for  supplies,  and  such 
ion  may  often  he  advisable.     It  is  not,   however,   the  action  of  the  Board. — 

• 

4.     ADOPTION  OF  HIGH  SCHOOL  BOOKS.     So  far  as  the  above  section  relates  to 
selection   and    adoption  of  text-books  in  the  eight  common  school  branches 
-l-l-J.'.p  it  was  repealed  by  the  text-hook   laws  of  ISS'.i,  '<•!  and  '!»:*;  but  text- 
books for  high  school  subjects,  in  the  township  graded  schools,  may  be  adopted  by 
unty  Board  of  Education,  and  their  use  enforced  by  all  reasonable  rules. — 
*'ii]>t. 

BOOKS  ISKD  AND  HOW  OBTAINED.     The  Legislature  has  the  authority  to 
'.':•»•  the  course  of  study  and  tiie  system  of  instruction  that  shall  be  pursued 
and  adopted,  as  well  as  the  books  which  shall  be  used.     122  Ind.  462.     See  sec. 
4421  b,  it 

«'•.  The  Legislature  has  the  power  to  require  a  designated  series  of  books  to 
be  usud  in  the  schools,  and  to  require  that  the  books  selected  shall  be  obtained  by 
the  school  otlicers  from  the  person  to  whom  the  contractor  supplying  them  may 
be  awarded.  It  may  not  only  prescribe  regulations  for  using  the  books  desig- 
nated, but  it  may  also  declare  how  the  books  shall  be  obtained  and  distributed. 
IL'U  Ind.  4H-J.  See  also  4421  b,  ct  scq. 

7.  ILLEGAL  RULINGS  OF  COUNTY  BOARD  AS  TO  LICENSES.  The  rule  of  the 
County  Board  declaring  that  "  no  person  under  the  age  of  twenty  shall  be  licensed 
to  teach  in  this  county  "  is  unauthorized  by  the  Statutes,  palpably  unreasonable 
and  unwarranted  in  law. —  Varies,  Supt. 

£.  ILLKCJAL  UULIN<;S  OF  COUNTY  BOARD  AS  TO  HOLIDAYS.  The  rule  of  the 
County  Board  declaring  that  "no  pay  shall  be  allowe'd  teachers  for  holidays  that 
fall  on  legal  school  days"  is  illegal  and  void. —  Varies,  Supt.  See  section  4501  and 
notes. 

9.  LIBEL.     A  newspaper  publication,  charging  that  a  County  Superintendent 
of  schools,  for  a  consideration  in  money,  had,  by  the  use  of  his  influence,  induced 
the  County  Board  of  Education  to  order  a  change  in  school  books,  is  a  libel  in  the 
sense  of  the  statute  (section  W>  R.  S.  1881).— 96  Ind.  461. 

10.  L> ..,-;  UTKK  MAY  PRESCRIBE  DUTIES  OF  OFFICERS.     The  power  over 
the  school  system  is  legislative  and  exclusive,  and  the  Legislature  has  authority 
to    impose  upon  all  ollicers  whose  tenure  is   legislative,  such  duties   respecting 
school  ailair-.  :>.s  it  deems  proper.     All  such  officers  take  their  offices  cum  onere, 
and  must  do  what  the  Legislature  demands,  or  else  resign.      Vl'l  Ind.  462. 

11.  The  County  Board  may  adopt  a  course  of  study  and  compel  every  pupil 
to  take  the  entire  course  in  the  order  prescribed  on  penalty  of  expulsion. 

Our  State  Constitution,  article  S,  section  1s'-',  directs  the  <  leneral  Assembly 
law,  for  a  general  and  uniform  system  for  common  schools, 
wherein  tuition  shall  be  without  charge,  and  equally  open  to  all."  As  a  result  of 
this,  the  t  iener.-il  A-M-mbly  enacted  sections  4-l<»s,  4  I'J'.i,  A  [:'>('>,  411 1  and  4505,  which 
provide  for  tin- proper  administration  of  this  "system  of  common  schools."  Now, 
is  to  iiu-  that  to  hold  that  the  <  lem-ral  Assembly  charged  the  ollicers  provided 
for  in  the  above,  cited  sections  with  the  administration  of  the  school  system,  with- 
out at  the  same  time  investing  them  with  the  necessary  executive  power  to  enforce 
their  administration  would  be  absurd.  Such  interpretation  of  these  statutes  would 
be  the  worst  kind  <  f  trave-ty.  It  Mould  be  to  render  the  whole  common  school 
machinery  not  onlv  useless,  but  redidilon-. 


78  SCHOOL    LAW    OF    INDIANA. 

The  officers  in  the  before  mentioned  sections  have  the  undoubted  legal  au- 
thority to  adopt  a  course. of  study  and  to  make  all  reasonable  rules  and  regula- 
tions for  the  proper  carrying  out  of  the  same.  The  teachers,  of  course,  would 
have  to  carry  out  such  rules  as  are  directed  by  the  Trustee  or  School  Board. 
But  to  what  extent  the  officers  would  be  warranted  in  going  to  carry  out  their 
reasonable  rules  is  the  question.  Our  Supreme  Court  in  Andrew  v.  Webber,  108 
Ind.  31,  said  : 

"A  rule,  prescribed  by  the  superintendent  of  the  free  graded  schools  of  a  city, 
with  the  sanction  of  the  Trustees,  that  the  pupils  in  the  high  school  department 
shall,  at  stated  intervals,  employ  a  certam  period  of  time  in  the  study  and  prac- 
tice of  music,  for  which  purpose  they  shall  provide  themselves  with  a  prescribed 
book,  is  an  exercise  of  discretionary  power  conferred  by  law,  and  unless  the  regu- 
lation is  shown  to  be  unreasonable,  or  a  satisfactory  excuse  for  failing  to  comply 
therewith  is  given,  mandamus  will  not  lie  to  compel  the  school  authorities  to  re- 
admit a  pupil  who  has  been  suspended  for  disobedience  thereof." 

In  further  support  of  this  principle  I  cite  the  cases  adjudicated  in  Supreme 
Courts  of  other  States,  in-which  the  law  is  similar  to  ours,  with  an  extract  from  the 
opinion,  showing  the  almost  unanimity  of  the  opinions: 

Donahue  v.  Richards,  38  Me.  379.     From  opinion  : 

1.  "If  she  may  decline  to  obey  one  requirement,  rightfully  made,  then  she 
may  another,  and  the  discipline  of  the  school  is  at  an  end.     Nor  is  this  all." 

2.  "  While  the  laws  are  made  and  established  by  those  of  full  age,  the  right 
of  obstruction,  of  interdiction,  is  given  to  any  and  all  children,  of  however  so 
immature  an  age  or  judgment." 

Gurnsey  v.  Pitkin,  32  yt.  226.     From  opinion : 

'But  in  regard  to  these  branches  which  are  required  to  be  taught  in  the 
public  schools,  the  prudential  committee  and  the  teacher  must,  of  necessity,  have 
some  discretion  as  to  the  order  of  teaching  them,  the  pupils  who  shall  be  allowed 
to  pursue  them,  and  the  mode  in  which  they  shall  be  taught.  If  this  were  not 
BO  it  would  be  impossible  to  classify  the  pupils,  or  for  one  teacher  to  attend  to 
more  than  ten  or  twelve  pupils." 

State  v.  Mizner,  50  Iowa,  152.     From  opinion  : 

"  The  remedy  in  such  case  is  lot  corporal  punishment,  but  expulsion." 

Kidder  v.  Chellis,  59  N.  H.  473.     From  opinion  : 

"  The  power  of  each  parent  to  decide  the  question  what  studies  the  scholars 
should  pursue,  or  what  exercises  they  should  perform,  would  be  a  power  of  dis- 
organizing the  school,  and  practically  rendering  it  substantially  useless.  How- 
ever judicious  it  may  be  to  consult  the  wishes  of  the  parents,  the  disintegrating 
principle  of  parental  authority  to  prevent  all  classification  and  (to)  destroy  all 
system  in  any  school,  public  or  private,  is  unknown  to  the  law." 

Sewal  v.  Board  of  Education,  29  O.  89.     From  opinion  : 

"The  rule  in  question  (which  was  to  enforce  the  study  of  rhetoric),  for  tin- 
enforcement  of  which,  in  the  manner  stated  (the  manner  was  suspension)  dam- 
ages are  claimed  by  the  plaintiff  in  this  section,  was,  in  our  opinion,  reasonable." 

McCormick  v.  Burt,  95  111.  263.     From  opinion  : 

"  The  rule  (which  rule  expelled  pupils  who  refused  to  lay  aside  their  books 
during  the  reading  of  the  Bible)  is  certainly  a  reasonable  one." 

There  is  only  one  case,  not  reversed,  now  standing  in  the  Supreme  Court  Re- 
ports of  the  several  States  which  seems  to  hold  a  different  view,  and  there  is  much 
difference  of  opinion  as  to  what  this  case  (35  Wis.  59)  decides. 


IOL     LAW    <>F    INDIANA. 


There  illicit  IK-  some  ea>e-  in  which   it  would  IT  n  asonable  and  just  to  ex- 
"Uj.il  from  taking  the  full   coiir-e,   or  in  the  order  {.re-scribed,  but  they  are 
;eej>tions,  I  think. 

It  geema  to  me  it  would  be  best  to  educate  the  people  to  see  that  it  is  advant- 
>ons  to  their  children  to  take  all  the  -Indies,  and  in  the  order  prescribed,  rather 
than  to  iv.-ort  to  the  law  to  compel  people  to  do  that  which  is  obviously  to  their 
own  intnv>t.  A  parent  stands  in  his  own  light  when  he  objects  to  having  his 
cli i hi  carried  through  the  course  of  ,-tndy  in  the  sequential  order  of  the  studies. — 
1  iV.--,  Siij>(. 

1L'.  -1144.  4601,  06,  mid  note-. 

.  P.  131.    Approved  March  3, 1859,  and  in  force  August  6, 1859.] 

4437.  School  township.  Each  and  every  township  that  now  is,  or 
may  hereafter  U-,  oriraiii/e<l  in  any  county  in  this  State,  is  hereby  also 
declared  to  In-  a  school  township,  and,  as  such,  to  be  a  body  politic  and 
corporate,  by  the  name  and  style  of  "—  -  school  township  of 

mty."  according  to  the  name  of  the  township  and  of  the  county  in 
which  the  same  may  be  organized  ;  and,  by  such  name,  may  contract  and 
may  IK-  contracted  with,  sue  and  be  sued,  in  any  court  having  competent 
jurisdiction.  (1) 

1.  SUCCESSION  TO  DISTRICTS.  All  school  houses  heretofore  built  by  districts 
become  the  property  of  the  townships  in  which  the  districts  are  situated,  all  debts 
of  districts  become  the  debts  of  the  town-hips,  and  -ill  school  houses  must  here- 
after be  built  at  the  common  expense  and  become  the  common  property  of  the 

town-hips.     -L<irrnl>»r}  $npt. 

•J.     (  cuPORATiONS  I>I.-TIN<  T.     There  are  two  corporations  in  Greene  County 
rminoiis  in  territory],  with  almost  the  same  name.     *         *     The  first  is  de- 
nominated a  civil  town.-hip,  the  second  a  school  township.     *         *     It  must  be 
contemplated  that  the  funds,  etc.,  of  these  two  corporations  shall  be  kept  separate. 
9  an  officer  oi  the  school  township,  and  not  as  an  officer  of  the  civil  town- 
ship,  that  the  Tru-tee  has  authority  and  power  to  levy  a  tax  for  the  erection  of 
school  houses,  and  to  expend  the  same  for  that  purpose.     We  think  it  must  follow 
that  ii  tee  of  the  school  town-hip,   and  not  as  Trustee  of  the  civil  town- 

ship, that  the  Trustee  must  contract  for  the  building  of  school  houses.     "We  do 
not  think  t:  'he  civil   town-hip  can   legally  contract  for  the  building 

of  a  school   hou-c   and   make  the  civil  township  liable  therefor.     Carmiehael  r. 
•!;    I'tica   Township    r.   Miller,    (\'2  i<l.    '-•'>() ;  Harrison  School 

Town-hip  D,   M  '•    lud.    186;  .Johnson    r.   Smith,   C»l   Ind.   L'7">;   Inglis  r. 

•'.I   Ind.  I'll!:   Wright  0.  Stockman.    ",'.»  Ind.  <;'. ;  AVingate   r.  Harrison  School 
'.      A  civil  township  has  no  power  to  make  a  contract  for  the 
.-iii.ol   property.      .Ia<-k>on   Township   r.    Parties,    ^~>  Ind.    l.'JC.  ;  .Iack.-on 
-iiip  r.  Home  In-uranee  Company.  •'^  Ind.  ls-J;  McLaii^hlin  r.  Shelby  Town- 
ship, ".•_;  I  nd.  1 11  ;   Mellwaine  ..  :    Bomb;  '.»  Ind.  10'J. 
Where  an  action  is  brought  against  a  towiisliij,.  and  the  township  name,  merely,  is 
fc-ivi-n,    it    i-                                          :ie.d   that   the  action   is  against  the  civil  township. 
To  make  a  complain;                                                             r-poration  it  nm-t,  bv  a].[)ropri- 
ate  tin-  M-IIO..I  township,  or  i  'efend- 

ini.      -Ja:  ;  Ind.  1>1  :    I'.r.  .  nth,   llM  Ind.  ' 


80  SCHOOL    LAW    OF    INDIANA. 

3.  INTENTIONS  CONSIDERED.     But  a  note,  showing  on   its  face  that  it  was 
given  in  payment  for  articles  furnished  for  the  use  of  schools,  though  executed 
by  a  Trustee  apparently  in  the  name  of   the  civil  township,  binds  the  school 
township.     Moral  School  Township  v.   Harrison,    74   Ind.    93;   Johnson  School 
Township  v.  Bank,   81  Ind.   575;  Jackson  School  Township  v.   Hadley,   59  Ind. 
534;  White  v.  Kellogg,  119  Ind.  320. 

4.  WILL,.     A  devise  by  will,  for  the  support  of  the  public  schools,  can  be 
made  to  a  township;  and  a  devise  to  a  township,  without  saying  whether  to  the 
school  or  the  civil  township  is  a  devise  to  the  school  township. — Skinner  \.  Harri- 
son Tp.,  116  Ind.  139. 

5.  SUIT  ON  OFFICIAL  BOND.     A  Township  Trustee  may  be  the  relator  in  a 
suit  upon  the  official  bond  of  his  predecessor,  to  recover  moneys  due  the  civil 
township,  and  also  moneys  due  the  school  township  ;  and  under  a  proper  com- 
plaint there  may  be  a  recovery  for  funds  of  either  or  both  of  the  corporations; 
but  on  a  complaint  in  which  he  sues  only  as  trustee  of  the  civil  township,  he  can 
not  recover  money  due  to  the  school  township. — Steinmetz  v.  State,  47  Ind.  465. 

6.  ClVIL    TOWNSHIP    CAN    NOT    BUILD    A   SCHOOL    HOUSE.       A   civil   township 

has  no  authority  to  make  a  contract  for  the  erection  of  a  school  house;  and  if  it 
sue  on  a  contract  for  the  erection  of  .a  school  house,  the  complaint,  though  it  may 
state  a  good  cause  of  action  in  favor  of  the  school  township,  will  be  bad  on  de- 
murrer.—52  Ind.  114;  62  Ind.  230. 

7.  PLEADINGS    MUST    DESIGNATE    THE    CORPORATION — CIVIL    OR    SCHOOL. 
Where  an  action  is  brought  against  a  township,  and  the  township  name,  merely, 
is  given,  it  is  conclusively  presumed  that  the  action  is  against  the  civil  township. 
To  make  a  complaint  effective  against  the  school  corporation  it  must,  by  appro- 
priate averments,  designate  the  school  township,  or  its  representation.     It  should 
be  against  the  "  school  township  trustee." — Jarvis  v.  Robertson,  126  Ind.  281. 

8.  SUIT  AGAINST  SCHOOL  TRUSTEES  OF  TOWN  OR  CITY.     An  action  to  re- 
cover  from  a  city  or  town  school  board,  should  be  brought,  not  against  such  trus- 
tees, but  against  the  school  corporation,  by  the  name  and  style  of  "  The  school 

city  of  "  filling  the  blank  with  the  name*  of  the  city. — School  Trustees  v. 

McClure,  52  Ind.  267. 

9.  SUIT  AGAINST    TOWNSHIP    AND    NOT    AGAINST    TRUSTEE    PERSONALLY.      A 

summons  reading,  "You  are  hereby  commanded  to  summons  trustee  Cicero  school 
township,  etc.,"  sufficiently  indicates  that  the  action  is  against  the  township,  and 
not  against  the  trustee  personally  and  the  township  is  bound  to  take  notice  of  the 
pendency  of  the  action. —  Vogel  v.  Brown  Tp.,  112  Ind.  299;  distinguished,  127 
Ind.  79. 

10.  SUIT  FOR  SCHOOL  TAXES.     An  action  against  a  civil  township  for  school 
taxes  is  bad  on  demurrer.— 59  Ind.  65. 

11.  NO   AUTHORITY   TO  BORROW  MONEY — LIABILITY   FOR  BORROWED   MONEY. 

There  are  restrictive  provisions  [in  the  school  law]  which,  fairly  construed,  must 
be  held  to  deny  the  authority  to  negotiate  loans,  75  Ind.  361.  But  if  a  trustee 
borrows  money  to  build  a  needed  and  suitable  school  house,  the  school  township 
receiving  the  benefit  will  be  liable  therefor,  73  Ind.  501.  But  in  such  case  it  must 
be  averred  and  proved  that  the  school  township  received  the  benefit  of  the  money. 
98  Ind.  497;  102  Ind.  464;  75  Ind.  361,  368;  83  Ind.  121.  And  that  there  was  no 
fraud  practiced  in  the  execution  of  the  note,  124  Ind.  193.  See  also  116  Ind. 
130;  112  Ind.  323. 


SCHOOL    LAW    OF    INDIANA.  81 

TJ.  CONTRACTS  or  TRUSTEE — NOT  in-:.  In  dealing  with  the  trustee  of  a 
sdn.nl  township,  all  persons  are  bound  to  take  notice  of  his  official  and  fiduciary 
character,  and  to  know  that  he  can  only  hind  his  town-hip  by  contracts  which  are 
shown  to  he  authori/ed  by  law.— 107  Ind.  43;  102  Ind.  4C}. 

1."..  SCHOOL  SUPPLIES — NECESSARY  AVERMENTS.  A  complaint  against  a 
school  township  on  a  contract  for  school  supplies,  to  be  good  must  allege  that  such 
siippT  f  and  suitable  for  t!ic  use  of  the  public  schools  of  the  town- 

ship, and  that  they  have  been  delivered  to  and  accepted  by  such  township,  107 
Ind.  A:\;  and  that  tlu-rj  wa*  no  collusion  to  defraud. — 124  Ind.  193. 

14.  BANK  DEPOSIT  PROMISSORY  NOTE.  When  a  trustee  of  a  school  corpo- 
ration promissory  notes  in  the  name  of  the  corporation,  deposits  the 
money  in  his  own  name,  and  draws  it  out  upon  checks  signed  by  himself  as  an 
individual,  he  becomes  the  creditor  of  the  bank  for  such  deposits,  and  the  trans- 
action is  one  between  the  bank  and  its  depositor. — 102  Ind.  464. 

lo.       N,»  LIABILITY — WlIExTursTKI-:  HAS  SCHooL  ITNI'S  IN   HIS  HANDS— NOTE 

VOID.  When  the-  trustee  has  money  in  his  hands  derived  from  the  school  revenues 
or  funds,  the  lender  of  money  can  not  be  subrogated  to  the  rights  of  the  persons 
holding  claims  against  the  school  corporation. — 102  Ind.  I')}. 

If..  FRArnrLENT  is-rE  OF  CERTIFICATES  OR  ORDERS.  If  by  a  conspiracy 
certificates  or  orders  are  issued  they  are  void,  and  even  though  the  township  has 
not  rescinded  the  contract,  and  retains  the  benefit  thereof,  it  is  not  bound  upon 
such  fraudulent  certificate  or  order,  and  the  assignee  is  not  entitled  to  recover  the 
actual  value  of  goods  furnished  the  township. — 124  Ind.  193. 

17.       <>KD|.;I:S   WITHOUT   < '< »NM  I 'KRATION   VOID — ESTOPPEL.       If    a   trustee  isSUCS 

orders  or  certificates  in  the  name  of  his  township  without  consideration,  such 
order  or  certificate  is  invalid  and  void,  and  in  such  case  no  act,  conduct  or  promise 
of  the  trustee  or  his  -  in  oilier  will  estop  the  township  from  pleading  the 

want  of  consideration  as  sufficient  defense  to  any  suit  against  the  township  upon 
order  or  certificate. — '.")  Ind.  101. 

LIMITATION — TIME   OF    FILING  COMPLAINT.     An   amend- 
ment to  a  complaint   has  reference  to  the  time  at  which  the  complaint  was  filed. 
\Vh.-rv  a  town  W.K  -.m-d  a-  a  <rhool  corporation,  but  not  specifically  described  aa 
such,  the  time  of  filing  an  amended  complaint     if  the  statute  of  limitations  in- 
-  relate^  back  to  the  time  of  filing  the  original  complaint. — 104  Ind.  168. 
1!».     .JrniriAL  KNOWLEDGE.     The  Supreme  Court  will  take  judicial  knowl- 
iat  the  township  tru-tec  is  the  trustee  of  the  school  township.      106  Ind.-  233. 
Hut  it  will  not  take  judicial  knowledge  of  the  names  of  the  townships  of  a  county. 

ft  *  sections  4 •!  uid  4438c  and  notes. 

4438.  Towns  and  cities.  Each  civil  township  ami  cadi  incorpo- 
ratril  town  <>r  city  in  tin-  several  counties  ol'  tin-  State  is  hereby  declared 
a  di-tinct  municipal  corporation  for  school  purposes,  l>y  the  name  and 
style  of  the  civil  township,  town,  or  city  corporation  respectively,  and 
by  such  name  may  contract  and  lie  contracted  with,  sue  and  be  sued, 
in  any  Court  ha  vim:  competent  jurisdiction  ;  and  the  Trustee  of  such 
township,  and  the  Trustees  provided  for  in  the  next  section  of  this  act, 


-    ihxn.   LAW. 


82  SCHOOL    LAW    OF    INDIANA. 

shall,  for  their  township,  town,  or  city,  be  School  Trustees,  and  perform 
the  duties  of  Clerk  and  Treasurer  for  school  purposes.      (4) 

1.  CORPORATE  NAMES.     It  has  been  held,  in  very  many  cases,  that  the  name 
of  the  school  corporation  is  "the  School  Town  (or  City)  of ,"  or  "  School  Town- 
ship of county,"  and  that,  in  this  name,  it  must  sue  and  be  sued  ;  that  instead 

of  a  distinct  function  bestowed  on  the  civil  or  municipal  corporation,  an  independ- 
ent and  distinct  corporation,  for  school  purposes  only,  is  created  by  this  section;, 
and  that  section  4437  is  still  in  force.     Carmichael  v.  Lawrence,  47  Ind.  554;  Hun- 
tington  v.  l)ay,  55  id.  7 ;  Jarvis  v.  Sholby,  62  id.  257 ;  Harrison  v.  McGregor,  67  id. 
380. 

2.  CORPORATIONS  INDEPENDENT.     Each  civil  township,  and  each  incorporated 
town  and  city  is  a  distinct  school  corporation,  entitled  to  receive  and  expend  its 
proper  school  moneys  independent  of  any  control  by  any  other  such  corporation. 
— Johnson  v.  Smith,  64  Ind.  275. 

3.  DESIGNATIONS  IN  SUITS.     The  character  in  which  an  incorporated  town 
may  sue  or  be  sued  as  a  school  corporation,  may  be  designated  either  in  the  title 
of  the  action,  an  a  school  corporation,  or  in  the  complaint  by  an  allegation  of  that 
fact.     Noblesville  v.  McFarland,  57  Ind.  335.     But  see  Steinmetz  v.  State,  47  Ind. 
465;  Kobinson  v.  State,  60  id.  26;  Inglis  v.  State,  61  id.  212. 

4.  PROPERTY  AND  REVENUES.     When  a  village  becomes  incorporated,  thu 
school  town  thus  created  becomes,  as  Trustee  by  statute,  the  successor  of  the  town- 
ship in  the  right  to  the  possession  and  control  of  school  property  within  its  terri , 
tory.     Leesburg  v.  Plain  Township,  86  Ind.  582.     And  as  soon  as  school  Trustees 
are  appointed  and  qualified,  they  have  a  right  to  demand  and  receive  of  the  Town., 
ship  Trustee  whatever  sums  of  money  he  has  received  by  reason  or  on  account  ol 
the  school  children  residing  within  or  transferred  to  the  town,  and  he  can  not  law- 
fully withhold  it  on  any  ground.     He  received  and   held   it  in  trust  for  those 
children. — Johnson  v.  Smith,  64  Ind.  275. 

5.  The  election  of  Township  Trustees  is  provided  for  by  §4735  and  5991  K.  S. 

6.  CORPORATIONS  DISTINCT.     A  civil  township  and  the  school  township  of  the 
same  territory  are  distinct  corporations,  and  each  must  sue  and  be  sued  in  its  own 
proper  corporate  name,  and  neither  can  sue  in  the  name  of  the  other,  or  in  that  of 
the  Township  Trustee.     So  also  a  civil  town  and  the  school  town  are  distinct  cor- 
porations, which  must  sue  and  be  sued  in  its  own  corporate  name. —  Wright  v. 
Stockton,  59  Ind.  65. 

7.  POWER  OF  SCHOOL  CITY.     A  city  organized  under  the  general  law  for  the 
incorporation  of  cities  has  no  power  to  buy  or  give  its  promissory  notes  for  a  county 
seminary,  though  for  school  purposes  in  the  city.     That  power  belongs  to  the 
school  corporation  of  the  city. — State  v.  City  of  Terre  Haute,  87  Ind.  212. 

8.  DIVISION  OF  REVENUES.     Where  money  has  been  apportioned  to  a  school 
township  and  received  by  the  Trustee  thereof,  some  of  which  belongs  to  a  school 
town  afterward  organized,  and  he  refuses  to  pay  it  over,  he  may  be  compelled 
by  mandate  to  do  so,  and  the  School  Trustees  of  the  town  are  the  proper  re- 
lators  in  such  a  suit. — Hon  v.  State,  89  Ind.  249. 

9.  PROPERTY  OF  SCHOOL  CORPORATION.     Real  estate  and  buildings  held  by  a 
school  corporation  for  school  purposes  are  subject  to  appropriation  for  highways 
as  is  private  property. — Rominger  v.  Simmons,  88  Ind.  453. 


SCHOOL     L.\\V     oF    INIUANA.  83 

rciAi.  NOI ':<  •!•:.      The  -  ourt>  will  not  take  judicial   notice  of  a  town- 
nor  its  name.     1'  ard  of  Commissioners,  H4  Ind.  405; 

!  Ind.  516. 

11.  \t  T:  >\.  In  dealing  with  a  Trustee  of  a  school  township,  all  persons 
arc  li.-und  t«>  take  notice  of  his  ollicial  character,  and  to  know  that  he  can  only 
hind  his  township  by  con'i  :i  are  shown  to  be  ruitliori/c-l  by  law.  There- 

p,  on  a  contract  for  school  supplies,  to  be 
•h  supplies  an  '  and  suitable  for  the  use  of  the 

ols  of  the  township,  and  that  they  had  bct/n  delivered  to  and  accepted 
!i  township.      Bloomington  School  Township  v.  National  School  Furnishing 
my,  107  Ind.   4°. ;  Platter  r.   Board,  etc.,  103  Ind.  360;  Summers  r.  Board, 
Reeve  School  Township  r.  Dodson,  98  Ind.  407 ;  Axt  r.  Jack- 
son SchoolTownship,  90  Ind.   101;  Pine  Civil  Township  v.  Huber,  etc.,  83  Ind. 
121. 

1:2.     SUMMONS.     A  •ummons  in  an  action  against  a  township  must  be  issued 
against  the  township;  and  if  i ->ued  against  the  Trustee  of  such  township,  a  judg- 
:iinst  the  township  is  void.     Vogel  r.  Brown  School  Township,  112 
Ind.  :I17  ;  Vogel  v.  Brown  Township,  112  Ind. 

[1X7"  \pprov*;il  Man-h  11,  1*7'.,  ami  in  force  August  24, 1875.1 

4438  a.  Power  to  incur  debt.  Whenever  it  becomes  necessary 
for  the  Trustee  of  any  township  in  this  State  to  incur,  on  behalf  of  his 
town-hip,  any  debt  or  debts  whose  aggregate  amount  shall  be  in  excess 
of  the  fund  on  band  to  which  such  debt  or  debts  are  chargeable,  and  of 
the  fund  to  be  derived  from  the  ~-ed  uirainst  his  township  for  the 

in  which  such  debt  i-  to  be  incurred,  such  Trustee  shall  first  pro- 
cure an  «>r<lcr  from   tbe  Board  of  County  Commissioners  in  which  such 
town>hip  i-  .-minted  autbori/inir  him  to  contract  such  indebtedness,      1. 
16.) 

4438   b.      Petition   to   incur  debt.     Before  the   Board   of   Com- 

inersBhal]  <ieb  order  the  Township  Trustee  shall  file,  in  the 

Audi;  bis  county,  a  petition  setting  forth  therein  tbe  object 

"  to  be  incurred,   and  tbe  approximate 

;it  required,  and  shall  make  affidavit  that  lie  has  caused  notice  to 
•-•en  of  ti.  !i  petition  bv  posting  notices  in  not  less 

tlmn  five  public  places  in  hi-  ^.\vn-liij»%  at  least   twenty  days  prior  to  the 

;:id  Board.      [II.  8.  1881,  §6007.] 

443S  o.     Nolicr  of  davs  of  business.     3.     Such  Township  Trustee 

shall  in  each  \v»vk  or  month,  as  may  bo  required, 

in  which  be  will  attend  to  the  business  of  hie  township,  and  OBOf 
thereof  to  be  -ivcn    to   tin-   inhabitant.-  of  such   township;  and  all  con- 
.  and  auditing,  and  payment  of  claims   shall  be  made  only  on  such 

IS-] 


y 
H 

uc^. 


84 


SCHOOL    LAW    OF    INDIANA. 


1.  A  contract  or  payment  made  upon  a  day  not  designated  in  the  notice  is  as 
valid  as  if  made  upon  one  of  the  days  so  designated.     The  only  effect  the  above 
section  can  have  is  to  limit  the  pay  of  the  Trustee  by  requiring  him  to  have  a  few 
designated  days  upon  which  he  will  transact  township  business  and  charge  therefor, 
and  not  permitting  him  to  charge  a  day  for  his  services  whenever  he  may  chance 
on  such  a  day  to  sign  a  contract  or  pay  a  debt  of  the  township. 

2.  The  above  first  two  sections  have  no  application  to  the  ordinary  debts  of  a 
school  corporation  contracted  before  the  passage  of  the  statute,  incurred  by  the 
Trustee  for  the  usual  and  necessary  furniture,  apparatus  and  other  supplies  of  its 
common  schools — Miller  v.   White  River  School  Township,  101  Ind.  503;  but  it 
does  have  application  to  all  debts  contracted  since  its  passage.     It  applies  both  to 
the  civil  and  school  township.     The  Trustee  can  not  build  a  school  house,  if  its 
cost  will  make  the  aggregate  debts  chargeable  to  the  special  school  fund  exceed 
the  amount  of  that  fund  on  hand  and  to  be  derived  from  the  tax  assessed  against 
the  township  for  the  year  in  which  the  debt  is  to  be  incurred,  and  he  may  be  en- 
joined from  BO  doing  by  a  tax-payer  of  the  township,  unless  he  first  obtain  an  order 
of  the  Board  of  County  Commissioners  authorizing  the  contracting  of  such  a  debt, 
Middleton  v.  Greeson,  106  Ind.  18 ;  Boyd  v.  Black  School  Township,  123  Ind.  1 ; 
Roseboorn  v.  Jefferson  School  Township,  122  Ind.  377 ;  Jefferson  School  Township 
v.  Litton,  116  Ind.  467 ;  Grimsley  v.  State,  116  Ind.  130. 

3.  TOWNSHIP  BENEFITED.     But  if  the  Trustee  disregard  the  above  sections, 
and  the  property  he  purchased  is  received  by  the  township,  is  retained  by  and  is 
beneficial  to  it,  the  township  will  be  liable  for  its  value,  whatever  that  may  be,  not 
to  exceed  its  purchase  price. — Boyd  v.  Slack  School  Township,  123  Ind.  1. 

4.  "FUND  ON  HAND."    By  the  phrase  "the  fund  on  hand,"  is  meant  the 
money  actually  in  the  hands  of  the  Trustee  ;  and  by  the  provision  "  the  fund  to  be 
derived  from  the  tax  assessed  against  his  township  for  the  year  in  which  such  debt 
is  to  be  incurred, "  is  meant  the  amount  to  be  derived  from  the  tax  assessed  in  the 
first  calendar  year  and  collectible  during  the  year  in  which  the  debt  is  to  be  in- 
curred.— Jefferson  School  Township  v.  Litton,  116  Ind.  467. 

5.  LEGALIZING  ACT  OF  1883.     By  an  act  of  1883  (Acts  1883,  p.  114)  an  in- 
debtedness incurred  prior  to  the  date,  and  in  violation  of  the  above  sections,  was 
legalized ;  and  the  legalizing  act  is  valid. — Jefferson  School  Township  v.  Litton,  116 
Ind.  467. 

6.  TRUSTEE'S  LIABILITY  UNDER  ACT  OF  1883.     The  act  of  1883  (Acts  1883,  p. 
114)  makes  a  Township  Trustee  who  contracts  any  debt  in  the  name  or  on  the  be- 
half of  either  his  civil  or  school  township  contrary  to  the  provisions  of  the  above 
two  sections  personally  liable  therefor,  as  well  as  liable  on  his  official  bond  ;  but  to 
render  him  thus  liable  the  debt  must  have  been  contracted  in  the -name  or  or.  the 
behalf  of  the  township,  and  in  violation  of  these  sections;  and  if  the  contract  is 
made  pursuant  to  these  sections,  he  is  not  liable. — State  v.  Hawes,  112  Ind.  323. 


[1875,  p.  13").    Approved  and  in  force  March  12, 1875.] 

4439.  School  Trustees  in  cities  and  towns.  The  Common 
Council  of  each  city  and  the  Board  of  Trustees  of  each  incorporated 
town  of  this  State  shall,  at  their  first  regular  meeting  in  the  month  of 
June,  elect  three  School  Trustees  who  shall  hold  their  office,  one,  two 
and  three  years  respectively,  as  said  Trustees  shall  determine  by  lot  at 


.-C! I.    LAW    01'    INDIANA. 


85 


ie  of  their  orpini/ation,  and,  jinnually  thereafter,  shall  elect  one 
•hool  Trustee,  who  shall  hold  his  office  lor  three  years.  Said  Trustees 
shall  constitute  the  School  Board  of  the  city  or  town;  and,  before  en- 
tering upon  the  duties  of  their  office,  shall  take  an  oath  faithfully  to 
discharge  the  duties  of  the  same.  They  shall  meet  within  five  days  after 
their  election,  and  organize  by  electing  one  of  their  number  as  president, 
one  as  secretary,  and  one  as  treasurer.  The  treasurer,  before  entering 
upon  the  duties  of  his  office,  shall  execute  a  bond,  to  the  acceptance  of 
the  County  Auditor,  conditioned  as  in  ordinary  official  bonds,  with  at 
leu.-t  two  sufficient  freehold  sureties,  who  shall  not  be  members  of  said 
Board,  in  a  sum  not  less  than  double  the  amount  of  money  which  may 
come  into  his  hands,  within  any  one  year,  by  virtue  of  his  office.  The 
president  and  secretary  shall  each  give  bond,  with  like  sureties,  to  be 
approved  by  the  County  Auditor,  in  any  sum  not  less  than  one-third  of 
the  treasurer's  bond.  All  vacancies  that  may  occur  in  said  Board  of 
School  Trustees  shall  be  filled  by  the  Common  Council  of  the  city  or 
Boa i-d  of  Trustees  of  the  town ;  but  such  election  to  fill  a  vacancy  shall 
only  be  for  the  unexpired  term.  The  Board  of  School  Trustees  shall, 
each  year,  within  five  days  after  the  annual  election  of  a  member,  re- 
organize their  Board  and  execute  their  respective  bonds  for  the  ensuing 
year.  Said  Trustees  shall  receive  for  their  services  such  compensation 
as  the  Common  Council  of  the  city  or  the  Board  of  Trustees  of  the  town 
may  deem  just ;  which  compensation  shall  be  paid  from  the  special  school 
iiue  of  the  city  or  town.  (5) 

1.  A  town  trustee  of  an  incorporated  town  may  be  elected  to  the  office  of 
school  trustee.— State  v.  Meyer,  60  Ind.  288. 

2.  As  to  the  time  of  election,  this  section  is  merely  directory;  and  if  omitted 
at  the  time,  it  may  be  made  afterward. — Sackett  v.  Foreman,  74  Ind.  486. 

,NATI«NS.  A  r.-i-nation  of  a  town  or  city  school  trustee  should  be 
addressed  to  the  body  that  elects,  ami  is  complete  without  formal  acceptance;  yet 
it>  withdrawal  even  after  acceptance  hut  with  the  consent  of  the  electing  body  is 
equivalent  to  a  ivappointment.  In  case  of  such  resignation  an  election  to  till  the 
vacancy  may  In-  held  before  the  day  set  f..r  the  resignation  to  take  effect. — Leach 
Ind.  570. 

4.  RI>II>I:NCK  CoMrKN-ATioN.  If  a  town  or  city  officer  moves  out  of  his 
corporation  h«-  vacate>  hi-  oflice.  A  married  man  can  not,  so  long  as  he  maintains 
the  family  intimacy,  k«  < -\\  his  family  in  one  place  and  maintain  his  residence  in 
another.  T.ut  if  a  man  is  an  actual  resident  of  a  town  at  the  time  of  the  election, 
there  is  nothing  prohibiting  his  election  ami  acceptance  of  the  office  of  school 
B,  although  be  is  not  at  the  time  an  actual  voter. 

After  a  school  tru  rformed  labor  under  an  ordinance  fixing  his  sal- 

ary, his  rinlit  to  compensation  can  not  he  cut  oil'  by  a  repeal  of  the  salary,  but  be 
can  recover  f.  .r  services  rendered  at  the  rate  ti  \e<l ;  yet  daring  the  employment  the 
compensation  may  be  modified  as  to  the  future,  unless  a  contract  has  been  made 
with  the  trustee.—  ]}<diln-in,  Atf 


$6  SCHOOL    LAW    OF   INDIANA. 

5.  POWER  AS  TO  VACCINATION.     School  Trustees  have  the  power,  as  a  meas- 
ure of  public  safety  and  to  guard  against  a  contagious  disease,  to  order  school  chil- 
dren to  be  vaccinated,  but  they  should  exercise  it  with  discretion.     In  some  locali- 
ties there  is  no  earthly  danger  of  small-pox ;  in  others— as  a  crowded  city — when 
the  disease  has  made  its  appearance  immediate  measures  should  be  taken. — Bald- 
win, Atty-Oen. 

6.  SCHOOL  BOARD  INDEPENDENT.     The  Board  of  Town  Trustees  can  not  re- 
move a  school  trustee  from  office.     There  is  no  law  for  it.     The  Town  Trustees  have 
no  control  over  the  action  of  the  School  Board,  which  has  complete  control  over  all 
the  school  concerns  of  the  town  except  levying  school  taxes.     County  Commission- 
ers have  no  power  to  allow  a  Town  Treasurer  compensation  out  of  the  school  reve- 
nue of  the  town. — Baldwin,  Atty-Gen. 

But  the  School  Trustees  can  not  purchase  ground  or  enter  into  contracts  for 
building  except  with  the  approval  of  the  Common  Council  or  Town  Trustees — §4491. 

7.  OFFICE  LUCRATIVE.     As  the  statute  provides  for  the  compensation  of  Town 
School  Trustees,  their  office  is  a  lucrative  one  within  the  meaning  of  the  Constitu- 
tion, and  a  person  can  not  hold  it  at  the  same  time  with  another  lucrative  office. — 
Sord,  Atty-Gen.     Chambers  v.  State,  26  N.  E.  Kep.,  893;  S.  C.  127  Ind.  365. 

8.  CASTING  VOTE — EESOLUTION.     The  Common  Council  of  a  city  may  elect  a 
School  Trustee  by  resolution,  and  in  case  of  a  tie  vote   on   such  resolution  the 
Mayor  may  decide  by  giving  the  casting  vote. —  Woollen,  Atty-Gen. 

9.  SUIT  AGAINST  TOWNS.     A  complaint  against  a  school  town  alleging  the 
•employment  of  plaintifT  by  the  defendant  to  teach  school  and  breach  of  the  con- 
tract, is  sufficient  without  alleging  employment  by  the  Trustees  of  the  town  or  that 
the  town  was  incorporated,  or  that  there  was  a  Board  of  Trustees.     In  such  a  case 
a  paragraph  of  a  complaint  founded  on  an  account  is  good. — Town  of  Rochester  v. 
Shaw,  100  Ind.  268. 

10.  OFFICER  DE  FACTO.     Pending  suit  to  determine  who  is  School  Trustee, 
the  courts  will  compel  the  County  Auditor  to  recognize  the  Trustee  in  possession. 
— Leach  v.  Cassiday,  23  Ind.  449.     Hold-over  Trustees  can  bind  the  school  corpora- 
tion.—School  Town  of  Milford  v.  Zeigler,  27  N.  E.  Kep.  303.     See  notes  23  and  43. 

11.  AMENDMENT  OF  1875.     This  section  was  amended  in  1875,  and  it  super- 
seded and  took  the  place  of  the  amendment  of  1873  (Acts  1873,  p.  68). — Blakemore 
v.  Dolan,  50  Ind.  194. 

12.  ABOLISHING  OFFICE.     The  Legislature  may  abolish  the  office  of  School 
Trustee,  or  shorten  or  lengthen  the  term  thereof. — Blakemore  v.  Dolan,  50  Ind.  194. 

13.  OLD  BOARD'S  CONTRACT.     A  contract  made  by  the  Board  of  School  Trust- 
ees of  an  incorporated  town  or  city  with   a   school  superintendent  or  a  teacher, 
prior  to  the  annual  election  in  June,  of  a  new  member  of  the  Board,  and  the  re- 
organization required  by  statute,  for  services  to  be  performed  after  the  election  of 
such  member,  is  valid  and  binding  on  the  school  corporation. — Reubelt  v.  School 
Town  of  Noblesville,  106  Ind.  478.      See  note  45. 

14.  MANDAMUS.     Mandamus  lies  to  compel  a  school  officer  to  deliver  the 
records,  books  and  papers  of  the  office  to  his  successor.     Frisbie  v.  Clarksville,  78 
Ind.  269;  and  to  compel  the  Trustees  of  a  town  or  city  to  elect  School  Trustees. — 
Michener,  Atty.-Gen. 

15.  FAILURE  TO  GIVE  BOND.     The  office  of  School  Trustee  is  not  vacated  by 
the  failure  to  give  bond  as  president,  secretary  or  treasurer  of  the  Board. — Miche- 
ner, Atty.-Gen. 


LAW 


!M'l 


8T 


l»i.  EXTENDING  TKKM.  Tin-  pro vi-iou  of  the  Con>tiuiti<.n  -  K.  S.  ISsl. 
extending  tin-  regular  terms  of  o(liccr>  until  their  successors  •'-hall  have  been 
elected  and  qualified,''  applies  to  School  Trustees;  and  >m-h  Trustees  continue  in 
otfire  until  their  >uccc»ors  have  not  only  been  elected  hut  have  taken  their  oath  of 
oflice  and  have  filed  their  official  bonds. — Mi<-h>  n<  i\  A>t'/.-(.ien.  School  Town  of 
Millord  o.  IWner,  12«J  Ind.  528. 

17.  ALLOWANCE  BY  BOARD.  The  Board  must  pass  upon  all  claims,  and  the 
Treasurer  must  obey  the  voice  of  the  majority,  and  he  can  not  pay  out  funds  with- 
out the  claim-  tir>t  hi-ing  "allowed"  by  the  Board.  --La  l-'t>ll>'tt>,  Xu/>t. 

H.  B(>AKI>  AXTPB  A>  A  rxrr.  The  Board  must  act  as  a  body,  not  as  individ- 
uals, the  majority  ruling;  and  their  action  should  be  recorded. — LaFollette,  Supt. 

But  where  -me  of  the  School  Trustees  of  a  town  signed  a  contract  of  employ- 
ment with  a  teacher  in  one  of  the  schools  of  the  town,  and  at  a  called  meeting  the 
contract  \va<  adopted  by  the  Board  and  signed  by  another  member,  it  became  bind- 
ing upon  the  town. — School  Town  of  Milford  v.  Powner,  126  Ind.  528.  See  notes 
4C,  and  48. 

19.  VALIDITY  OF  RULES  AND  REGULATIONS.  Regulations  adopted  by  persons 
in  char^-  of  a  school  are  analagous  to  by-laws  enacted  by  municipal  and  other 
corporation-,  and  both  will  be  annulled  by  the  courts  when  found  to  be  unauthor- 
ized. a<jain-t  common  right,  or  palpably  unreasonable.  82  Ind.  278. 

2«>.  CITY  C«TN<  i L MAX.  The  office  of  City  Councilman  is  not  a  lucrative 
office  within  the  meaning  of  the  Constitution. — State  v.  Kirk,  44  Ind.  401. 

21.       -h-TKEOF    THE    PEACE    CAN    NOT  SERVE  AS  TRUSTEE.       A  Justice  of   the 

Peace  can  not  serve  as  School  Trustee.     See  Sec.  176  State  Constitution. —  Varies, 
Svpi, 

A  — KM    OF  A   MAJORITY   ESSENTIAL.     The  assent  of  a  majority  of  the 
Board  at  a  U-.iral  meeting  is  essential  to  the  validity  of  an  order.  Herrington  v. 
S-h..nl  I)i>trirt,  47  Iowa  11  ;  McCartle  p.  Bates,  29  Ohio  St.  419  ;  City  of  Logans- 
Dakeman.  1KJ  Ind.  ]:>  •  12-~>  Ind.  ">57.     See  notes  38  and  48. 

>TR\«TS  WITH  DE  FACTO  OFFICERS.  Contracts  with  officers  de  facto 
are  not  bindlni:  when-  parties  contracting  are  warned  and  have  notice.  Genessee, 
Ind.,  School  District  r.  McDonald.  <is  Pa.  St.  444.  But  the  Board  of  Education 
can  leiralixe  nnd  coniirm  acts  of  de  facto  school  officers.  Dubuque  v.  Dubuque,  13 
Iowa  •")")•"».  But  B66  n<it«- 

24.  AfTiit-iiiTY  OF  TF.A'  INI;.  A  teacher  has  a  right  to  suspend  a  pupil  un- 
less deprived  ..f  -u«  h  authority  by  action  of  the  School  I'.oard.  4o  Wis.  150. 

•Run,     Tin-  Board  may  prescribe  the  hours  of  tuition. 
2.1  111.  Apr 

KMI-I.OY.MLNT  OF  !  >  HKK.     A  Trustee  employed  as  teacher 

by  tin-  two  , ither  members  of  the  I>oard  vacates  his  office  as  Trustee. — Furguson  v. 

27,     [xnsKasrXD  nay  be  dismissed  for  be- 

in. ur  inten-tcd   in   any  public  contract.      St-c>cctioi:  ->1;  78  Iowa  37. 

But  he  may  claim  compensation  f«,r  otlicial  duty.      71  Wi>.  100. 

•  r  WITH    I-III:M-I:I.VI:S  AS  ixi)ivii)i-Ai>.      1 'u  1)1  ic  officers 

can  not  contract  with  tlu-m-elve-  a~  individual-.      It  is  forbidden  by  the  principles 
of  law.     2'.'  Mich.  1H. 

•i.      Tlu-    -amc    rule   which    applie^   t«.   ollicei 
"i-p,,r:itioi,  -J1.'  Mich.   !'.». 


B8  SCHOOL    LAW    OF    INDIANA. 

30.  REASONABLENESS  OF  RULES.     Rules  must  be  reasonable  under  the  cir- 
cumstances.    Fertich  v.  Michener,  111  Ind.  472.     Any  rule  of  the  school  not  sub- 
versive of  the  rights  of  the  children  or  parents,  or  in  conflict  with  humanity  and 
the  principles  of  the  divine  law,  which  tend  to  advance  the  objects  of  the  law  in 
establishing  public  schools,  must  be  considered  reasonable  and  proper.     31  Iowa 
562;  111  Ind.  472. 

31.  LEGAL  CALLS  FOR  MEETINGS.     A  call  for  a  meeting  of  the  Board  should 
State  the  purpose  of  the  meeting.      53  Conn.  576. 

32.  CITY  -CLERK.     The  office  of  City  Clerk  is  not  an  office  "  under  the  State," 
within  the  meaning  of  section  176,  State  Cons't.     Mahan  v.  Jackson,  52  Ind.  599. 

33.  ACCEPTANCE  OF  LUCRATIVE  OFFICE.     If  an   officer  holding  one   lucra- 
tive office  accepts  another,  the  acceptance  of  the  second  vacates  the  first.     35  Ind. 
Ill ;  52  Ind.  599 ;  129  Ind.  365. 

34.  AUTHORITY  TO  ADOPT  RULES.     The  school  Board  and  school  authorities 
have  the  power  to  adopt  rules  and  regulations  for  the  government  of  the  schools 
Under  their  control.     Ill  Ind.  472. 

35.  RULES    OF    SUPERINTENDENT  OR  TEACHER  BINDING    ON  PUPILS.     Any 
reasonable  rule  adopted  by  the  superintendent  or  teacher,  not  inconsistent  with 
some  statute  or  some  rule  prescribed  by  higher  authority,  is  binding  upon  the 
pupils.     Ill  Ind.  472. 

36.  FORMATION  OF  DISTRICTS  IN  TOWNS  AND  CITIES.     As  to  the  formation 
of  districts  in  towns  and  cities,  see  54  Conn.  74;  6  Vermont  388;  16  Vermont  439 
and  section  4458. 

37.  GRADATION  OF  PUPILS.     When  a  child  has  graduated  from  one  depart- 
ment it  is  ineligible  to  that  department  again.     4  N.  Y.  Supplement,  102. 

38.  WHEN  TWO  BOARDS  ACT  TOGETHER.     When  two  Boards  act  together  a 
majority  of  the  whole  Board  of  Trustees,  whether  such  majority  come  from  one 
corporation  entirely,  or  from  different  corporations  interested,  have  the  power  to 
transact  any  and  all  business.     125  Ind.  557. 

39.  RATIFICATION  OF  CONTRACTS.     Contracts  may  be  ratified  by  the  Board 
either  by  special  resolution  or  by  acquiescence.     59  Vermont  658 ;  81  111.  470. 

40.  FOREIGN  TUITION — RATE  OF.     Non-resident  pupils  should  not  be  re- 
quired to  pay  more  for  admission  into  the  school  than  the  pro  rata  cost  of  tuition 
for  the  resident  pupils.     13  S.  E.  Rep.  120;  10  So.  Rep.  57;  13  S.  W.  Rep.  587. 

41.  Quo  WARRANTO  PROCEEDINGS.     Whether  de  facto  school  corporation  is 
legally  organized  can  not  be  tried  on  quo  warranto  proceedings   against  persons 
claiming  to  be  its  officers.     42  Conn.  89. 

42.  DEFALCATION — LIABILITY  OF  MEMBERS  OF  BOARD.     A  trustee  who  has 
had  no  part  in  the  misapplication  of  funds  is  not  liable  therefor. — 93  Ind.  292. 

43.  CONTRACTS  WITH  DE  FACTO  TRUSTEES.     The  contracts  of  de  facto  trustees 
with  a  teacher  is  binding  upon  their  school  corporation  ;  and  in  an  action  by  such 
teacher  on  the  contract,  the  validity  of  their  acts  as  officers  can  not  be  called  in 
question.     The  School  Town  of  Milford  v.  Zeigler,  1  Ind.  App.  138.     See  note  23. 

44.  ACQUIESCENCE  IN  ILLEGAL  ELECTION  OF  OFFICERS.     After  six  years  of 
acquiescence  and  approval  on  the  part  of  the  school  town  in  the  election  and  serv- 
ing of  certain  persons  acting  as  school  trustees,  third  persons  dealing  with  them 
have  the  right  to  presume  that  they  are  at  least  officers  de  facto.     1  Ind.  App.  138. 


LAW    ill-'     IMMANA. 


KIX(i  OFTKAt'HKK   BY  OLH  S<   Hool,   I'.o.M-M*.       A   I'M  >M  f<  1  i  )f  Sellf  >ol  TrUStCCS, 

r  tlu'ir  -uccc->or<  have  been  elected,  and   before  they  an.-  entitled   to  serve  as 
Cere,  may  hire  a  teacher  lor  tin-  yt-ar  beirinnin.i:  after  their  terms  of  oilice  \vill 
expire.      1   Ind.  App.  138.     See  note  l:'>. 

4(1.      Si>  TRACT.       If  the  School    Hoard  in  M-->i<>n.   hire  a  teacher,  the 

f  itract  with  liim  may  he  signed  at  different  times;  and  a  siirninij  by  a  majority  of 
trustees  is  sutiicient.      1   Ind.   App.  138. 
47.      Anoi.isiiiNc  VHOOI.     KFFK<  ION  n:  v«  111:1:'-  :.      A  contract  with 

her  to  teach  can    not    he   annulled   l>y  abolishing  the    school    he  was    to  have 
taught.      1  Ind.  App.  138. 

K      M  A.i'HiiTY  <>K  Ti:i  ,.      A  c,,ntract 

by  two  of   three  Trustees,  when  in  session.   il  is  valid.''      1   Ind.  App.  138. 

4'.».      ILI.I:«.A  •  •  Ti:r-ri:r.      A  teacher's  contract  i-  not  void  when  the 

Trustees  have  an  illegal  purpo-e  or  design  in  view  if  he  does  not  participate  in  such 
purpo-e  i.r  de>i-:n.      1   Ind.  App.  138. 

.      rendino-  litigation  tO  determine  who  i>  entitled  to  exercise  an 
ollice.  the  oil-.-.-r  ,!,  facto  -hall  act,  and    when    it    appeared   to   the  court  that  A  was 
in  possession  of   the   office  of  School   Trustee   it    pi-opi-rly   compelled   the  County 
Auditor  to  rec.^ifi/c  him  as  -uch.     23  Ind.  449.     See  also  1    Ind.  App.  l.> 
•_'7  N.  K.   I  ;«•].. 

.")!.  KMI-I.UY.MI.NT  BY  SCHOOL  TOWN.  A  complaint  against  a  school  town  al- 
leging the  employment  of  the  plaintiff  by  the  defendant  to  teach  school  and  a 
breach  of  the  contract,  is  >uliicient,  without  alleging  employment  by  the  Trustees 
of  such  >chool  town,  or  that  the  town  was  incorporated,  or  that  there  was  a  Board 
of  Trustees  in  said  town.  100  Ind. 

•")•_'.  SUIT  ON  TREASURER'S  BOOT  ITNALTY  KKI.ATOR.  The  incoming  Treas- 
urer may  MR-  the  outgoing  Treasurer  on  his  official  bond  for  failure  to  turn  over 
funds  in  his  hand>,  and  such  >uit  may  be  maintained  without  an  order  from  the 
County  Coinniixsioiu-rs.  He  i-  liable  to  the  penalty  of  In  per  cent.  Sec.  4441  — 
100  Ind.  47-J. 

[HCOJOHG  TREASURED  KMIII.KI.  T<>  RECEIVE  M.-NKY  ONLY  FROM  HIS 

PREDB  i  9BOR,      An  inroming  Treasurer  i-  i-ntitled  to  receive  money  only  from  his 
pivd.  •••(->or.      KMI  Ind.  47'J. 

1440,  4444,  4497,  4501  and  4506,  4488,  4511.  4511:i  and  notes. 


118H.'..  p.  '.    Approved  and  in  force  March  6,  1865.[ 

4440.  Trustees'  Ixnids- -Vacancy.  The  County  Auditor,  in  fix* 
in.ir  tin-  penalty  and  approving  aind  accepting  the  Ixmds  of  such  Trustees, 
shall  see  to  their  sufficiency  to  -retire  the  school  revenues  \vhich  may 
conic  into  their  hands,  as  well  as  the  ordinary  township  or  other  reve- 
nue. In  case  <>f'  a  vacancy  in  the  office  of  Trustee,  the  County  Auditor 
shall  appoint  a  person  to  fill  the  same,  who  shall  take  an  oath  and  irive 
bonds  88  required  in  the  last  preceding  section;  and  said  Auditor  shall 
report  to  the  Superintendent  of  Public  Instruction  the  name  and  post- 
office  address  of  each  Trustee.  (6)  But  see  note  5. 


$0  SCHOOL    LAW    OF    INDIANA. 

1.  BOND  DOES  NOT  COVER  BORROWED  MONEY.     There  is  here  a  clear  implica- 
tion that  the  only  money  which  a  Trustee  can  officially  receive  is  that  yielded  by 
the  school  revenues.     Money  obtained  by  borrowing  can  not  be  said  to  be  school 
revenue,  and  the  penalty  of  the  bond  does  not  extend  to  such  money. —  Walli*  v. 
Johnson  Tp.,  75  Ind.  372. 

2.  TITLE  TO  SCHOOL  MONEY.     A  Trustee,  like  a  County  Treasurer,  is  liable 
on  his  bond  for  all  money  that  may  come  into  his  hands  by  virtue  of  his  office, 
whatever  may  become  of  the  money.     He  is  not  a  mere  bailee,  but  the  legal  tech- 
nical title  to  the  money  in  his  hands  is  in  himself.  —  Rock  v.  Stinger,  36  Ind.  .'U(>. 

3.  USE  NOT  CONVERSION.     The  mere  use,  by  the  Trustee  of  school  revenues 
of  the  township  in  his  own  business,  is  not  such  a  conversion  of  the  money  as 
•constitutes  a  breach  of  the  conditions  of  his  bond.     Brown  v.  State,  78  Ind.  239 ; 
Board  v.  State,  79  Ind.  270 ;  Goodwin  v.  State,  81  Ind.  109. 

4.  WHEN  NOT  ENTITLED  TO  INTEREST.     Title  to  such  revenues  does  not  vest 
in  a  Trustee  until  they  are  actually  drawn  by  him  out  of  the  treasury,  and  he  is 
not  entitled  to  interest  on  warrants  issued  against  them. — Hadleyv.  Xt«f<',  ('»(>  Ind. 
271. 

5.  VACANCIES.     Section  4439,  passed  in  1875,  takes  away  from  the  Auditor 
the  power  of  filling  vacancies  in  the  office  of  Town  or  City  School  Trustees;  and 
the  Board  of  County  Commissioners,   if  in  session  when  the  vacancy  occurs,   or 
before  it  is  filled,  fills  a  vacancy  in  the  office  of  Township  Trustee  ;  but  if  the 
vacancy  occurs  when  they  are  not  in  session,  the  County  Auditor  may  fill  it.    R. 
S.  1881,  §5996 ;  Cooper  v.  State,  113  Ind.  70. 

I  believe  it  is  considered  that  a  person  appointed  to  fill  a  vacancy  in  an  office 
holds  such  office  until  his  successor  is  elected  and  qn(d(ilul.  The  Supreme  Court 
seem  to  have  so  regarded  the  question,  See  Urmston.  v.  State,  73  Ind.  175. — 
Baldwin,  Atty.-Gen.  See  sec.  4440  b. 

6.  RESIGNATION.     When  a  City  School  Trustee  resigns  his  office,  to  take 
effect  at  a  future  day,  the  City  Council  may  elect  to  fill  the  vacancy  before  the  day 
fixed  for  the  taking  effect  of  the  resignation. — Leech  v.  /State,  78  Ind.  570. 

7.  OVERPAYMENTS — SHORTAGE — SET-OFF — In   an    action  on  the  bond   of   a 
Township  Trustee  he  is  entitled  to  set-off  against  ^the  shortage  in  one  fund  over 
payments  on  account  of  another,  so  far  as  the  shortage  was  occasioned  thereby. 
126  Ind.  577;  93  Ind.  292;  66  Ind.  271. 

8.  ELIGIBILITY — TERMS.     Under  the  act  of  1893  (sec.  4440a)  a  Township 
Trustee  is  not  eligible  for  two  terms  in  succession.    Sec.  5992,  R.  S.  1881. —  r«r/Yx, 
Supt. 

9.  ELIGIBILITY — ALIEN.     A  voter    under   the    Constitution    of    this   State, 
though  not  a  citizen  of  the  United  States,  is  eligible  to  the  office  of  Township 
Trustee.     63  Ind.  507. 

10.  LIABILITY  OF  SURETY.     When   a  successor   is  elected  and  qualified,  but 
does  not  take  possession  of  the  office,   and   the  old  Trustee  continues  to  act.  his 
acts  are  void  ;  he  is  not  an  officer  de  facto  or  de  jure,  and  his  sureties  ;ire  not  hound. 
38  Ind.  483 ;  4  Blackf.  2. 

11.  OFFICE  LUCRATIVE.     The  office  of  township  trustee  is  a  lucrative  office 
within  the  meaning  of  the  State  Constitution.     105  Ind.  221. 

12.  LIABILITY  OF  OFFICER  AND  SURETY.     The  statute  creates  a  permanent 
and  continuing  liability  and  the  sureties  on  his  official  bond,  for  a  failure  to  per- 
form any  duty  imposed  by  any  law  in  force  at  the  time  the  bond  is  executed.  <>r 


i  >(.•! 

: 


LAW    OF    INDIANA. 

idi   m:iy   he  -iilt>'.'i|!H-Mtly   pa>->  cd  during    I  IK.-  tinu-   for  which   such   ollicer    has 

•  i  ;  and  it  i^  not  neco-ary  that  the  bond  should  pr< 
such  permanent  and  continuing  liability.      44  In<' 

It   is  the  imperative  duty 
i\  court    rendering    judgment   against   a   township    trustee,    in   a   suit    upon    his 

i  bond,  fur  a  violation  of  a  duty  in   reference  to  -chool   revenii' 
per  cent,  damages  on  the  amount  recovered.      44  hid. 

14.       IloND    <  •  :li     CIVIL     AM'  A     toWIlship     cm- 

cm]  township  and  the  school  town- 
ship. I'.hin  the  «.;une  territory  :ind  having  the  same  trustee,  who  is  bound 
by  a  -i;iuU  i-llicial  bond.  <>1  hid.  -\'2. 

\~>.  ii  on  the  relation  of  a  township  trustee, 

on  the  bond  of  a  defaulting  1"  may  be  instituted  without  the  request  or 

direction  of   the  Hoard  of  County  Commissioners.      ')!   hid.  -\'2. 


.ui'l  in  force  March  2, 1893.] 

4440a.  The  time  <>!'  holding  the  election  of  Township  Trustees, 
Justice-  (.(•'  the  Peace,  Assessors,  Constables,  Iload  Supt-rvi-ors.  and  such 
otlier  officer-  of  township  as  may  be  provided  for  by  law,  shall  be 
chaiine:!  from  the  April  election,  and  all  such  township  officers  shall  be 
ireih  rai  cleeiioii  to  l»e  held  on  the  first  Tuesday  after  the 
first  Monday  in  November,  1-SD4,  and  every  four  years  thereafter,  and 
which  ei<-rti<ui  shall  be  conducted  by  the  provisions  of  the  law  governing 
said  -OIK  ral  election.  (1) 

The  names  of  the  different  candid:;  -.id  township  offices  shall  be 

printed  on  separate  ballot.-  of  a  yellow  color  and  deposited  in  separate 

ballo:  i'roni  that  of  the  State  and  county  ballots.     Said    ballot 

-  shall  be  painted  nd  said  ballots  and  ballot  boxes  shall  be 

red   in   conformity   with   tt  .  >verning  said  general  election. 

All  laws  or  parts  of  laws  in  conlliet  with  the  provisions  of  this  act  are 

t 

.  K59.] 

44401).    (  ouiit.v  roimiiissioiHTs  fill  vacancy.     All  vacancies   in 

the  office   of  township  trustee  shall  he  filled  by  th«-   Board   do'm^  county 
luisin  i-in    time,    or   l»y   the   [County]    Auditor   in   vacation:   and 

every  trustee    90  ap|ioint<-<l   .-hall    continue   i: 

ed  and  (|iialitie.l.  5996,   I!.  >.   1881. 

1.      Thi-  ind    the   .  •  MI  lill  vacancies  tha: 

our  durinir  a  regular  -e--5on  of  th.'  lizard.      11.".  hid.  7<». 


92 


SCHOOL    LAW    OF    INDIANA. 


[1883.  p.  118.    Approved  and  in  force  March  6, 1883.] 

4441.  Trustees  manage  revenues— Reports.  The  School  Trus- 
tees of  every  township,  incorporated  town  or  city,  shall  receive  the 
special  school  revenue  belonging  thereto,  and  the  revenue  for  tuition 
which  may  be  apportioned  to  his  township,  town  or  city,  by  the  State, 
for  tuition  or  [for]  the  common  schools,  and  shall  pay  out  the  same  for 
the  purpose  for  which  such  revenues  were  collected  and  appropriated. 
Such  Trustees  shall  keep  accurate  accounts  of  the  receipts  and  expendi- 
tures of  such  revenues,  and  shall  render  to  the  County  Commissioners, 
annually,  on  the  first  Monday  of  August,  for  the  school  year  ending  on 
the  thirty-first  day  of  July,  and  as  much  oftener  as  they  may  require,  a 
report  thereof,  in  writing.  Said  Board  of  Commissioners  shall  hold  a 
session  on  said  Monday  to  receive  said  reports.  They  shall  clearly  and 
separately  state : 

First.  The  amount  of  special  school  revenue  and  of  school  revenue 
for  tuition  on  hand  at  the  commencement  of  the  year  then  ending. 

Second.  The  amount  of  each  kind  of  revenue  received  within  the 
year,  giving  the  amount  of  tuition  revenue  received  at  each  semi-annual 
apportionment  thereof. 

Third.  The  amount  of  each  kind  of  revenue  paid  out  and  expended 
within  the  year. 

Fourth.  The  amount  of  each  kind  of  revenue  on  hand  at  the  date  of 
said  report,  to  be  carried  to  the  new  account. 

And  shall,  with  said  report,  present  and  file  a  detailed  account  current 
of  the  receipts  and  payments  for  the  year,  and  support  the  same  by 
proper  vouchers ;  which  report  and  account  current  shall  each  be  duly 
verified  by  affidavit ;  and  when  the  said  County  Commissioners  are  satis- 
fied that  said  report  is  full,  accurate  and  right  in  all  respects,  and  that 
said  account  is  just  and  true,  they  shall  allow  and  pass  the  same ;  which 
shall  have  the  effect  to  credit  the  Trustee  for  the  expenditures.  A  copy 
of  said  report,  as  passed  and  allowed  by  the  County  Commissioners, 
shall,  within  ten  days  after  its  date,  be  filed  by  the  Trustee  with  the 
County  Superintendent  of  the  county,  and  upon  failure  of  the  Trustee 
to  discharge  any  of  the  duties  required  of  him  relative  to  schools  and 
school  revenues,  the  Board  of  County  Commissioners  shall  cause  suit  to 
be  instituted  against  him,  on  his  official  bond,  and  in  case  of  recovery 
against  him,  the  court  rendering  the  judgment  shall  assess  upon  the 
amount  thereof  ten  per  cent,  damages,  to  be  included  in  said  judgment.  (7) 

1.  CONVERSION.  The  application,  by  a  Trustee,  of  tuition  revenue  to  spe- 
cial school,  road,  or  civil  township  purposes  is  a  conversion  of  so  much  of  the 
fund  and  a  breach  of  his  bond.  Eobinson  v.  State,  60  Ind.  26 ;  Brown  v.  State, 
78  Ind.  239 ;  Board  r.  State,  79  Ind.  270.  The  suit  may  be  brought  on  the  re- 


LA\V    OF    INDIANA.  !«:J 

m  of  his  successor.     Steinmetz  V.   State.  -17  Ind.  4i '>•">;  Hohinson  /•.  State.  «><)  iW. 

•_'.  LIABILITY  OF  Ti;r.-Ti:i:.  The  Trustee  is  absolutely  liable  for  the  loss  of 
the  funds  by  whatever  casualty.  In-positing  in  a  -olvent  hank,  hy  advice  of  State 
and  County  Superintendent  and  County  Board,  if  lo.-s  result,  is  no  defense.  Ing- 
li-  V.  State,  (II  Ind.  212;  Board  r.  State,  7'.'  Ind.  27(». 

SCHOOL  BOARD  INDKI-LNDLNT.  The  School  Trustees  of  a  city  or  town  act 
independently  of  the  City  Council  or  Board  of  Town  Trustees  in  receiving  and 
expending  the  school  revenues,  and  their  action  can  not  be  controlled  by  the  latter. 
John-on  r.  Smith,  04  Ind.  L'7o.  But  see  '/H'.'l. 

4.  OFFICER  DE  FACTO.  When  Trustees  have  been  duly  elected,  commissioned 
and  qualified,  giving  the  bonds  required  by  law,  such  bonds  will  be  binding,  and 
although  the  Trustees  may  be  disqualified  from  holding  the  office,  if  the  question 
were  properly  presented,  yet  funds  coming  into  their  hands  while  acting  will  be 
secured  by  their  bonds. —  \\'<>«U'  n.  Atty.-Gen. 

•">.  MISTAKE  IN  SETTLEMENT.  When  a  Township  Trustee  fails  to  keep  the 
accounts  required  by  this  section,  and  by  reason  thereof,  and  by  reason  of  mislay- 
ing vouchers,  he  fails  in  his  annual  settlement  with  the  County  Commissioners  to 
claim  or  receive  credit  for  a  certain  sum  properly  paid  out  by  him,  he  can  not 
afterward  recover  for  the  amount  so  paid.  Britt  r.  Jennings  Township,  81  Ind.  69. 

6.  WRIT  OF  MANDATE.     Mandamus  lies  by  a  School  Trustee  to  compel  de- 
livery by   his  predecessor  of  the  records,   books  and  papers  of  the  office,  and  to 
compel  the  payment  of  money  which  the  Trustee  is  required  by  law  to  apply  to 
school  purposes.     Frisbie  v.  Fogg,  78  Ind.  269;  Stater.  Goldsberry,  69  Ind.  430; 
Iliatt  p.  State,  110  Ind.  472;  Brown  r.  State,  78  Ind.  239. 

7.  A  —  i— -MKNT  OF  DAMAGES.     In  a  suit  on  the  bond  of  a  School  Trustee  the 
Court,  in   rendering  judgment  upon  the  verdict,  should   add  ten  per  cent,  to  the 
amount  found  by  the  jury.     Watson  r.  State,  80. Ind.  212;  State  r.  Goldsberry,  69 
Ind.   4:;o;  Iliatt  >:   State,  110  Ind.   472;  Brown   r.  State,'  78  Ind.   239.     And  the 
provi-ion  to  that  effect  is  imperative.     Brown  vi  State,  78  id.  230. 

8.  MAKIM;   LOANS  -  ANTICIP  ATIN-,   REVENUES.     The  powers  of  Trustees  in 
particulars  have  not  been  generally  understood,  as  i--  shown  by  many  letters 

of  inquiry  received  at  the  Department.  I  have,  therefore,  tried  to  give  a  full  ex- 
position of  the  law  on  the  subject.  a<  follows: 

Tin- 1/  c"H  not  borrow  Then-  i-  nothing  in  the  statute  from  first  to  last  in- 

dicating that  a  Town-hip  Trustee  can  rightfully  obtain  money  from  any  other 
source  than  the  -chool  revenue-.  There  is  a  plain  and  unmistakable  purpose  on 
the  part  of  tin-  L<  irislature  to  confine  the  Trustee  to  the  funds  expressly  provided, 
and  not  permit  him  to  go  out  into  the  hii-inc--  world  as  a  borrower.  *  *  *  The 
money  is  -up]. lied  to  them,  ami  they  mu-t  tab-  it  a->  supplied,  and  not  attempt  to 
other  source-  of  -upply.  Wallis  r.  .Tohn.-on  Town-hip,  7">  Ind.  .".'IS 

.1  '  •"'  i  ftml  ami  r«;  irt<l.  Where  money  i*  loaned  to  a  Township 

Tru-iee  for  the  use  and  benefit  of  the  school  township  represented  by  him,  and  the 
school  town-hip  receive-  the  benefit  of  the  money,  it  is  liable  therefor  ;  and  though 
the  note  of  the  Tru-tee  attempting  to  bind  the  township  for  the  loan  be  held  void, 
yet  the  liability  of  the  township  remain-  a-  for  money  had  and  received.  Bick- 
nell  P.  Widner  Town>hip,  7:5  Ind.  ."><H  ;  The  Bank  >:  Tnion  Township,  7~>  Ind.  :!•;]. 
f.,r  ililt.t.  A  school  town-hip,  by  and  in  the  name  of  it- 
Tru-tee,  may  execute  a  valid  negotiable  promi— ory  note  for  any  debt  contracted 


94 


SCHOOL    LAW    OF    INDIANA. 


for  the  benefit  of  its  property ;  but  it  is  not  governed  by  the  law  merchant,  and  an 
assignee  takes  it  subject  to  all  defenses.  Sheffield  Tp.  v.  Andress,  56  Ind.  157.  The 
Board  of  School  Trustees  of  an  incorporated  town  have  power  to  execute  a  valid 
negotiable  promissory  note,  by  and  in  the  name  of  such  Trustees,  binding  upon  the 
school  corporation  for  any  debt  contracted  for  the  benefit  of  its  property.  Town  of 
Monticello  v.  Kendall,  72  Ind.  91.  A  note  executed  by  a  School  Trustee  and  given 
in  payment  for  certain  school  maps  was  held  to  bind  the  school  corporation. 
Moral  Tp.  v.  Harrison,  74  Ind.  93.  The  same  was  true  of  a  note  given  for  diction- 
aries. Jackson  Tp.  v.  Hadley,  59  Ind.  534 ;  and  for  school  furniture.  Johnson 
Tp.  v.  Bank,  81  Ind.  515.  But  School  Trustees  have  no  power  to  bind  their  corpo- 
rations by  notes  given  for  money  borrowed.  Wallis  v.  Johnson  Tp.  75  Ind.  368. 

[Since  the  above  was  written  by  Superintendent  Holcombe  it  has  been  de- 
cided that  a  Township  Trustee  may  execute  a  note  for  school  furniture  that  is 
prima  facie  valid  and  binding  on  the  school  township.  Miller  v.  White  River 
School  Tp.,  101  Ind.  503.]  See  also  127  Ind.  81. 

May  anticipate  certain  revenues.  The  only  portion  of  the  school  revenues  which 
the  School  Trustees  may  not  expend  in  anticipation  is  the  school  revenue  for 
tuition  belonging  to  the  State  and  by  it  apportioned.  Harvey  v.  Wooden,  30  Ind. 
178.  But  this  is  very  far  from  deciding  that  money  may  be  borrowed  by  the 
Trustee.  Wallis  v.  Johnson,  75  Ind.  368. 

When  may  issue  bonds.  A  Township  Trustee,  in  case  of  a  bequest  or  gift  ex- 
ceeding five  thousand  dollars,  to  an  unincorporated  town  in  his  township,  condi- 
tioned upon  the  raising  of  a  like  sum  by  the  citizens  of  the  township,  may,  upon 
petition  of  a  majority  of  the  legal  voters  thereof,  issue  and  sell  the  bonds  of  the 
township  to  an  amount  not  exceeding  fifteen  thousand  dollars.  §4514.  School 
bonds  of  cities  and  incorporated  towns  are  issued  by  the  Common  Council  or 
Board  of  Town  Trustees,  but  in  no  case  by  the  School  Board.  §4488. 

Conclusion.  The  conclusion,  from,  a  careful  comparison  of  the  authorities,  is 
that  School  Trustees  have  no  power  to  borrow  money  ;  but  they  may  bind  their  cor- 
porations by  promissory  notes  for  the  payment  in  future  of  valid  pre-existing 
debts,  or  for  the  repayment  of  money  advanced  to  liquidate  such  debts.  The  in- 
debtedness of  all  corporations  is  limited  by  the  Constitution  (B.  S.  1881,  §220)  to 
two  per  cent,  on  the  value  of  taxable  property. — Holcombe,  £?//>/. 

Certificates  of  indebtedness  issued  without  any  consideration  are  invalid,  and 
can  not  be  info  reed  against  the  township,  even  if  the  proper  officers  promise  to  pay 
them.  Axt  v.  Jackson  School  Tp.,  90  Ind.  101.  Such  a  certificate  is  void  evt-n  in 
the  hands  of  an  innocent  purchaser.  State  v.  Howes,  112  Ind.  323;  Boyd  v.  Mill 
Creek  School  Tp.,  114  Ind.  210  ;  Grimsley  v.  State,  116  Ind.  130. 

In  an  action  against  a  school  township  for  articles  purchased  by  the  towrnship, 
it  must  be  shown  that  they  were  suitable  or  necessary,  and  that  they  were  received 
or  used  by  the  township.  Reeve  v.  Dodson,  98  Ind.  497 ;  Bloomington  School  Tp. 
v.  National  School  Furnishing  Co.,  107  Ind.  43;  State  v.  Howes,  112  Ind.  323. 
Delivery  of  the  goods  to  a  railroad  company  to  be  transported  to  the  township  is 
not  such  a  delivery  as  will  bind  the  township  for  goods  purchased  which  are  not 
suitable ;  but  if  actually  received  by  the  township  and  used,  the  contract  is  valid. 
P.oyd  v.  Mill  Creek  Tp.,  114  Ind.  21Q ;  Litton  v.  Wright  School  Tp.,  27  N.  E. 

.  329. 
{».     PEXALTI:  ;451  and  4152. 

10.     MISAPPROPRIATION,     A  trustee  of  schools  who  has  had  no  part  in  the 


Unnl,     LAW    OP     INDIANA. 


95 


State  >:.  Julian. 


s 


Ooiaappropriation  of  funds  of  the  corporation  is  not  liable  therefor. 

P3  Ind.  292. 

11.      KFKI:<T  OF  X  Township  Tru>tcc  can   not,  without 

-ing  :in  order  of  tin-  Hoard  of  County  Commi-»ioners,  in  accordance 
with  these  ^ection-.  incur  a  debt  in  behalf  of  a  school  township  for  school  supplies 
in  exee>s  of  "the  fund  on  hand''  i  which  means  money  actually  in  the  hands  of 
the  Trustees  to  which  such  debt  is  chargeable,  and  of  ''the  fund  to  be  derived 
from  the  t;i  :-t  his  township  for  the  year  in  which  such  debt  is  to  be 

which  means  the  amount  to  be  derived  from  the  school  tax  a— e>scd  in 
the  prior  calendar  year  and  collectible  durinir  the  year  in  which  the  debt  i>  to  be 
incurred  i.  JeH'cr-on  School  Tp.  9.  Litton,  110  Ind.  4G7 ;  Roseboom  ?•.  Jetl'erson 
SchoolTp.,  1±!  Ind.  :',77:  Middleto:,  .  Kui  Ind.  1*;  Hoyd  /•.  Hlack  School 

Tp..  l'J3  Ind.  1  :  State  9.  Ilawes,  111'  Ind.  i  2    :  .  Miller  r.  White  Ki ver  School 

Tp.,  1»)1  Ind.  503).     See  H438c,  notes  2  to  5. 

1'J.  -   OP    HOARD  OF  COUNTY  COMMISSIONERS.     The  sex-ions  of  the 

Hoard  of  County  Commissioners  under  thN  section  is  for  the  sole  purpose  of  re- 
ceiving from  the  School  Truste<  as  herein  provided  for,  and  taking  action 
n,  and  the  Hoard  has  no  p..wer  to  transact  any  other  business.      Fahlor  v. 
Board  of  CommissioDen,  \<n  Ind.  !'-7. 

Wiio  .MAY  UKIN«;   AI THIN  "N   iioxD.     The  incoming  town  or  city  Treas- 
urer is  the  proper  person  to  brinir  suit  nirainst  the  outgoing  Treasurer,  on  his  bond, 
ailure  to  turn  over  the   school  funds  to  him;   and   he   may  do  so  without  an 
order  of  the  Hoard  of  County  C..ni:n:  Iliatt  '-.State,  110  Ind.  472;  Strong 

Ind.  -(in. 

14.     <)\  •  - T.      If  a  Treasurer  pays  more  than  he  is  required  it,  pay 

ust  bring  an  action  h  overpay- 

:   of  payment;  and   if  such  overpayment  was 

r   voiicliers   and   accounts,  and  he  settled 

with  the  County  without  making  claim  therefor,  he  cannot  recover 

-.oiint  thereof.      Uutt  v.  Jem,  1  Township,  SI  Ind.  69. 

\~>.  v.      A  Township  Trustee,  who,  in  good  faith,  employs 

n-y  and  }•••  it  is  unexpectedly  found  that  the  public 

,-ullieient  to  ]>ay  them  in  full,  advances  the  <K  licit  out  of  his 

!   township   which   he   may  re' 
i   Tp..  loi'   I,,d.  L^'.I;   Murphy  r.  Oren.   1 

:n<h-r  like  circum-t 

U',.       Mi  1  school  fanda  Should  be   kep'  :    but 

vhich  it  should  have 
-erdrawn  fund; 

:ie    ~hoiil«!  '-'lit   in  this  way.      S; 

;.   \'2~>  In.;  n.  1'Jl   Ind.  .".!»;   Fi,«  '.•;  Ind.  r,77. 

17.  r.      It  is  D 

•ie  who  had  intruded 
unlawfully  in'o  the  o  ;her  is  holding 

>  r  holdin-  the  time 

!ed  to  :ill  the  int.  r.-i  that  he  >!iay  r. 

;'   the   luiuN.       r.n.v.  •    h,.!.  -J70; 

U1    if    he  r. 


9  SCHOOL    LAW    OP    INDIANA. 

interest  accruing  on  warrants  issued  by  the  County  Auditor  on  the  County  Treasurer,, 
he  is  liable  for  the  amount  of  such  interest  thus  received.  Hadley  r.  State,  6t> 
Ind.  271. 

19.  REFUNDING  TO  TRUSTEE.     An   act  of  the   Legislature   refunding  to   a 
School  Trustee,  out  of  the  funds  of  his  school  corporation,  moneys  lost  without  his 
fault  is  valid.     Mount  v.  State,  90  Ind.  29. 

20.  RIGHT  OF  NEW  TOWN  TO  PART  OF  SCHOOL  REVENUE.     When  new  town 
is  organized  within  township  after  school  revenue  is  received,  the  town  is  entitled 
to  its  share;  the  trustee  may  be  compelled  by  mandate  to  pay  it  over  to  the  town 
school  trustees,  who  are  the  proper  relator  in  such  suit.     89  Ind.  249.     But  see 
note  32  under  section  4444. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4442.  Record — Duty  as  to  revenue.  The  Trustees  shall  keep  a 
record  of  their  proceedings  relative  to  the  schools,  including  all  orders 
and  allowances  on  account  thereof;  including,  also,  accounts  of  all  re- 
ceipts and  expenditures  of  school  revenue,  distinguishing  between  the 
special  school  revenue  belonging  to  their  township,  town  or  city,  and 
the  school  revenue  for  tuition,  which  belongs  to  the  State,  and  by  it  ap- 
portioned to  their  township,  town  or  city ;  which  said  revenue  for  tuition 
they  shall  not  permit  to  be  expended  for  any  other  purpose,  nor  even 
for  that  purpose  in  advance  of  its  apportionment  to  their  respective 
corporations.  (8) 

1.  NOTE.     This  restriction  on  spending  money  in  advance  does  not  apply  to 
money  raised  under  §4469  and  $4470.     Harvey  v.  Wooden,  30  Ind.  178. 

2.  TUITION  REVENUE.     From  the  various  provisions  of   the  law  upon  this 
subject,  it  is  understood  that  no  portion  of  this  money  can  be  lawfully  applied  to 
any  other  purpose  than  the  payment  of   the  wages  of  teachers  in  the  common 
schools  of  the  State.     It  can  not  be  used  to  pay  fees  to  the  County  Auditor,  or 
Treasurer,  or   Township  Trustee,  or   Superintendent   of    a  graded   school,  or   a 
janitor,  or  a  librarian,  or  for  fuel,  furniture  or  repairs. — Rugg,  Supt. 

3.  EMBEZZLEMENT.     The  application  of  money  belonging  to  one  fund  to  the 
use  of  another  is-a  criminal  offense,  the  punishment  of  which  is  imprisonment  in 
the  State  prison  for  not  less  than  one  nor  more  than  five  years,  a  fine  of  not  less 
than  one  nor  more  than  one  thousand  dollars,  and  disf  ranchisement,  and  incapacity 
to  hold  any  office  of  profit  and  trust.     R.  S.  1881,  g!951. 

4.  MISDEMEANOR.     If  any  Township  Trustee  shall  refuse  to  pay  any  just  claim 
or  demand  against  any  fund  of  said  township,  when  the  money  belonging  to  said 
fund  is  in  his  hands,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  convic- 
tion, shall  be  fined  in  any  sum  not  less  than  ten  dollars  and  not  exceeding  fifty 
dollars.     R.  S.  1881,  §2050. 

5.  LIABILITY.     A  Trustee  of  Schools  who  has  had  no  part  in  the  misapplica- 
tion of  tuition  revenue  is  not  liable  therefor.     State  v.  Julian,  93  Ind.  292. 

6.  INSPECTION  OF  BOOKS.     School  Trustee's  records,  either  of  a  city,  town  or 
township,  are  public  records,  always  open  for  public  inspection,  and  anyone  inter- 
ested therein  has  a  right  to  examine  them.     Anderson  School  Township  v.  Thomp- 
son, 92  Ind.  556. 


SCHOOL    LAW    <»F    INMANA. 


97 


I 


JAYMENT  OK  CLAIMS.     Mandamus  lies  to  compel  a  Township  Trustee  or  a 
Board  (if  School  Trustees  to  pay  a  valid  claim.     Fri>bie  c.  Fogg,  78  Ind.  269. 

4443.  Annual  statement.     The  Township Trustees  and  the  School 

Trustees  of  incorporated  towns  and  cities  shall,  immediately  after  their 
annual  settlements  with  the  Cotmty  Commissioners,  in  October  [August] 
make  a  full  statement  of  all  their  receipts  and  expenditures,  for  the 
year  preceding,  relative  to  their  schools.  (9) 

1.     Tlu-  time  for  making  the  annual  settlement  with  the  Commissioners  was 

ged  in  1^.">  from  (  H-toK-r  to  AuiriM.      J4-141. 

Civn.  ANJ>  SCHOOL  Towxsmi's.  The  conclusion  i<  inevitable  that  every 
Town-hip  Trustee  must  make  a  report  within  live  day-  after  the  last  Saturday  of 
eacli  February .  and  that  such  report  must  contain  a  -tatement  of  all  the  receipts 
and  expenditures  of  all  the  revenues  of  the  ciril  township  I  K.  S.  1881,  §5998)  ;  but 
it  need  not  contain  a  report  of  the  receipts  and  expenditures  of  the  school  revenue 
of  the  town-hip  nn[,*.--  the  Hoard  of  (.'ounty  ( 'ommi  —  iom-r-  require  it.  On  the  first 
M.-nday  after  the  -<-cond  Tuesday  in  October  [now  the  first  Monday  of  August] 
every  Township  Trustee  must  make  a  report  of  all  the  receipts  and  expenditures 
of  the  school  revenue  of  his  township,  hut  not  of  the  receipts  and  expenditures  of 
the  rit-li  township. — Baldwin^  Attt/.-Gen. 

4444.  General  duties.     The  Trustees   shall   take   charge   of  the 

educational  ati'airs  of  their  respective  townships,  towns,  and  cities. 
They  shall  employ  teachers ;  establish  and  locate,  conveniently,  a  suffi- 
cient number  of  schools  for  the  education  of  the  white  children  therein; 
and  build,  or  otherwise  provide,  Miitable  houses,  furniture,  apparatus, 
and  other  articles  and  educational  appliances  necessary  for  the  thorough 
.i/ation  and  efficient  management  of  said  schools.  They  may  also 
establish  graded  -chools.  -T  such  modifications  of  them  as  may  be  prac- 
ticable ;  and  provide  for  admitting  into  the  hurher  departments  of  the 
graded  school,  from  the  primary  schools  of  their  townships,  such  pupils  as 
are  sufficiently  advanced  for  such  admission.  They  shall  have  the  care 
and  management  of  all  property,  real  and  personal,  belonging  to  their 
respective  corporations  for  common  school  purposes,  except  the  congress- 
ional township  school  lands;  which  lands  shall  be  tinder  the  care  and 
management  of  the  Trustee  of  the  civil  township  to  which  euch  lands 
long 

1.      I'OUF.K  OK  TKf-TKK.     The  Township  Trustee  is  clothed  with  almost  auto- 
tic    power    in  all    school    matters.      The    voter-   and  tax-payers  of  the  township 
ve  hut    little,    if   indeed    any.  voice   or  part    in  the  control  of   the  details  of  edu- 
cation:;! atlair».      So  far  a>  actual  authority  U  concerned,  the  Trustee  i>-  the  corpo- 
ration, although  in  contemplation  of  law  it  i>  otherwi-c.      Wallis  r.  Johnson  Tp., 
7.-.  Ind.  374;  I'.icknell  ft  Widner  Tp.,  7:1.  Ind.  :,(•!.      Sec  >A44\ .  note  8. 

_.      I'M  Tln-iv    i-   no   pn.vi-ion  of  the 

law  authdrixinir  any  other  prn-on  than  the  Trus'ee  to  >c-lect  a  teacher.  It  IK 
tlu  refore  lu-ld  that  the  provision  authorizing  the  Trustee  to  employ  teachers,  also 

.••ox.   LAW. 


98  SCHOOL    LAW    OF    INDIANA. 

authorizes  him  to  select  them,  and  that  school  meetings  are  not  empowered  by  the 
law  to  designate  or  employ  teachers.  That  power  was  taken  from  them  in  1873. 
In  some  townships  the  Trustees  by  courtesy  permit  the  voters  of  districts  to  select 
their  respective  teachers.  I  doubt  their  right  to  do  so.  The  law  wisely  holds  tke 
Trustees  responsible  for  the  faithful  performance  of  this  duty.  He  is  bound  to 
obtain  the  best  teachers  that  his  money  will  secure.  He  has  no  right  to  employ  a 
poor  teacher  when  his  money  will  control  the  services  of  a  good  one.  He  has 
certainly  no  right,  then,  to  put  it  out  of  his  power  to  thus  use  his  best  judgment 
in  the  selection. — Smart,  Supt. 

3.  COUNTY  CAN  NOT  BUILD  SCHOOL  HOUSE.     A  Board  of  County  Commission- 
ers has  no  authority  to  make  an  appropriation  of  any  sum  out  of  the  general 
fund  of  their  county  for  the  erection  of  a  school  building.      Rothrock  v.  Carr,  55 
Ind.  334.' 

4.  ABANDONED  CORPORATION.      In  case  a  town  abandons  its  corporation,  the 
powers  and  duties  of  the  Board  of  School  Trustees  cease,  the  Township  Trustee 
succeeds  thereto,  and  it  becomes  his  duty  to  take  charge  of  the  schools  without 
special  notice.      If  he  refuses  to  act,  he  becomes  liable  to  prosecution. — Baldwin, 
Atty.-Gcn. 

5.  TRUSTEE  CAN  NOT  EMPLOY  HIMSELF.     You  ask  me  whether  a  Township 
Trustee  has  a  right  to  teach  school  in  his  own  township.     In  answer,  I  have  to  say 
that  a  Township  Trustee,  being  the  agent  of  the  State  to  employ  teachers  for  the 
public  schools,  is  not  authorized  to  employ  himself,  and  such  a  practice,  if  it  ex- 
ists, is  contrary  to  law,  and  should  be  discontinued — Woollen,  Atty.-Gen. 

6.  CONTRACTS  WITH  TEACHERS.     A  teacher  contracts  with  the  school  town- 
ship through  its  Trustee,  and  although  the  Trustee  squanders  the  township  funds 
and  his  bond  is  worthless,  yet  the  township  is  liable  to  pay  the  teacher  as  specified 
in  the  contract.     A  verbal  contract  with  a  School  Trustee  to  teach  a  school  is  as 
binding  as  a  written  contract.     If  the  Trustee  had  employed  a  teacher  for  the 
term  or  school  year  before  the  patrons  of  that  district  had  petitioned  him  to  have 
the  German  language  taught  in  that  district,  then  he  was  justified  in  paying  no 
attention  to  their  petition. — Baldwin,   Atty.-Gen.     Harrison  School   Tp.    v.   Mc- 
Gregor, 96  Ind.  185 ;  Harmony  School  Tp.  r.  Moore,  80  Ind.  276. 

7.  WHEN  CONTRACTS  MAY  BE  MADE.      See  sec.  4501  a  for  time  of  making  con- 
tracts for  a  township  teacher. 

But  a  contract  made  by  the  Board  of  School  Trustees  of  an  incorporated  town 
or  city  with  a  School  Superintendent,  prior  to  the  annual  election  of  a  new  member 
of  the  board  and  the  reorganization  required  by  statute,  for  services  to  be  performed 
after  the  election  of  such  member,  is  valid  and  binding  on  the  school  corporation. 
Keubelt  v.  School  Town  of  Noblesville,  106  Ind.  478.  See  note  45,  section  4439. 

8.  RESIGNATION  OF  TEACHER.     The  relation  existing  between  Trustee  and 
teacher  is  based  on  a  contract.     A  teacher  can  not  resign  without  the  consent  of  the 
Trustee.     To  abandon  his  school  without  such  consent  is  a  violation  of  his  contract, 
and  gives  the  Trustee  a  claim  against  him  for  any  damages  actually  sustained  by 
the  school  in  consequence  thereof.     But  the  Trustee  will  withhold  any  part  of  the 
wages  due  the  teacher  at  his  peril,  for  unless  actual  damages  can  be  proved  the 
teacher  may  recover  in  a  suit  the  amount  withheld. — Holcombe,  Supt. 

9.  LOCATION  OF  HOUSES— TITLE.     The  title  to  property  on  which  a  school 
house  is  to  be  built  must  be  in  the  school  corporation  ;  and  by  proper  proceedings 
land  may  be  condemned  for  school  purposes.     §4508,  4517-4519. 


SCHOOL    LAW    OF    INDIANA. 


99 


I 


H 


must  not  build  outside  their  own  jurisdiction,  since  the  franchises  of 
school  corporation  can  not  extend  beyond  its  own  territory  so  as  to  attach  to  land 
•  r   school  buildings  outside  the  corporate  limits.      Ml.   Cannel  r.  Shields,  Gt!  Ind. 

81. 

1  do  not  think  the  law  authorizes  a  Trustee  to  invest  township  funds  in  a  joint 
lock  company  for  the  construction  of  a  school  house.  Hut  lie  may,  having  a 
leed  for  the  land  on  which  the  school  house  Mauds  build  one  or  more  rooms  or 
-torie-  of  such  house,  permitting  other  parties,  or  a  joint  .-lock  company,  to  build 
idditional  room  -  thereto,  upon  such  conditions  as  will  secure  the  protec- 

:ion  and  right  use  of  that  part  owned  by  the  toAvnsliip.  -  Ilojikm*,  Xiijit. 

\  school  meeting  of  a  district  may  petition  the  Trustee  for  the  removal  of 
the  school  house  to  a  more  convenient  location,  for  the  erection  of  anew  one,  etc., 
but  the  Trustee  may  exercise  a  sound  di-cretion  a--  to  the  propriety  of  taking  such 
action.  <j-14!»Ji. 

Id.  PROVIDING  HOUSES.  FUKNITUKK.  ETC.  The  -chool  authoritie-  are  not 
bound  to  furnish  educational  facilities  beyond  those  which  the  fund*,  devoted  by 
law  to  that  purpose,  will  yield.  It  is  not  for  them  to  burden  the  school  township 
with  debt  by  borrowing  money.  Their  duty  is  fully  performed  and  their  power 
completely  exhausted  when  they  have  properly  expended  all  money  derived  from 
the  school  revenue.  Wallis  r.  John-on  Tp.,  !'>  Ind.  'M~>.  Hut  where  money  had 
been  loaned  to  a  Township  Trustee  for  the  purpose  of  completing  a  needed  and 
suitable  school  house,  the  school  township  receiving  the  benetit  of  the^loan  was 
held  to  be  liable  therefor.  Hicknell  r.  WidnerTp.,  7::  Ind.  '^\.  Set  '/Mil,  note  8. 

11.  TEXT-HOOKS  MAY  HE  FUUXI<HEI».  A  Township  Trustee  can  not  pur- 
chase at  the  expense  of  the  township,  text-books  for  the  use  of  the  pupils  attend- 
ing the  publi(  schools  of  the  city  or  township.  Honey  ('reek  School  Tp.  r.  Barnes, 
1H>  Ind.  -J13.  Books  can  be  bought,  however,  by  the  Trustee  for  poor  children 
confined  in  county  asylum-  or  homes  for  orphan  children  or  for  other  indigent  or 
poor  children  who  would  otherwise  be  unable  to  attend  school.  See  section  44'2\f. 

1±  Ixnisi-KNSAHLK  AHTK  i-Ks.  Among  the  indispensable  articles  of  furniture 
and  apparatus  are  a  few  chairs,  a  teacher's  table,  black  boards  and  crayons,  a 
clock,  a  thermometer,  a  dictionary,  a  water-pail  and  cups,  pointers,  erasers,  brooms 
and  brushes.  Kach  school  should  also  be  furnished  with  a  terrestial  globe  and 

F table  wall  maps,  and  there  should  be  a  closet  in  which  the  movable  property  of 
school  may  be  secured. — ^niart,  Xuj>t. 
The  Trustee-  are  under  the  law  the  judges  whether  furniture  is  needed ;  and 
contracts  therefor,  and  in  consideration  of  the  purchase  of   maps  and  dictionaries, 
will  bind   the  corporation.      Moral   Tp.    r.  Harrison,    74   Ind.    !»."•:  .Johnson  Tp.  v. 
Hank.  M   »{.  filo;   Jacks,, n  Tp.  /.   Hadley,   'M  i<L  • 

13.      (<>NTKA<TS  OF  Tm  STI:I>.    Contracts  for  the  benetit  of  school  corporation-, 

whether  to  build  houses,  employ  leachen  or  parehaae  supplies  or  apparatus,  should 

be  made  by  the    Trustee    in    the    name   of   the   school,    not    the   civil,    corporation. 
Hornby  p.  State.  »'•«.»  Ind.   Hr_':    Harrison   Tp.  9,   McGregor,  <n   id.  380. 

A  -ehonl  town  is  bound,  a-  -uch.  for  the  contract  price  of  material  furnished 
and  labor  performed  by  another,  in  the  erection  of  a  school  building  for  such  town, 
under  a  parol  contract  therefor,  made  with  him  by  the  School  Trustees  of  such 
town.  Princeton  Tp-  ''•  ('«-bhart.  «',!  Ind.  1V7.  but  a  mechanic'*  lien  can  not  betaken 
upon  the  building  for  materials  furnished  therefor  and  labor  performed  thereupon. 
Fatout  r.  Board  of  School  Com..  !(>'_>  In<! 


100  SCHOOL   LAW   OF   INDIANA. 

A  suit  to  set  aside  a  contract  for  the  building  of  a  school  house  and  to  enjoin 
the  doing  of  the  work,  on  the  ground  of  fraud  on  the  part  of  the  Township  Trus- 
tee, in  the  making  of  the  contract,  is  properly  brought  in  the  name  of  the  State, 
for  the  use  of  the  civil  township.  State  v.  Earhart,  27  Ind.  110. 

A  contract  by  a  School  Trustee  for  the  improvement  of  school  property,  by 
the  terms  of  which  he  is  to  share  in  the  profits  is  void,  both  at  common  law,  and 
under  the  statute.  Wingate  v.  Harrison  Tp.,  59  Ind.  520. 

The  penalty  for  such  corrupt  interest  in  contracts  is  a  fine  of  from  three  hun- 
dred to  one  thousand  dollars,  and  imprisonment  for  from  two  to  fourteen  years. 
E.  S.  1881,  §2049. 

14.  GRADED  SCHOOLS.     This  section  gives  the  Trustees  ample  power  to  organ- 
ize, at  their  discretion,  such  a  system  of  free  schools  as  the  peculiar  circumstances 
of  their  townships  may  require.     The  schools  may  be  all  of  the  same  grade,  or  of 
two  or  three  more  grades.     They  may  classify  the  children  of  the  township  accord- 
ing to  acquirements.     They  may  authorize  the  teaching  of  any  branches  of  science, 
literature  and  art  which  public  interest  and  public  opinion  may  require. — Larrabee, 
Supt. 

The  separation  of  pupils  into  different  schools  or  departments,  according  to 
age  and  acquirements,  is  not  an  abridgment  of  their  rights.  Corey  v.  Carter,  48 
Ind.  360;  State  v.  Grubb,  85  Ind.  213;  State  v.  Gray,  93  Ind.  303. 

A  graded  school  is  a  school  in  which  the  pupils  are  placed  in  different  rooms 
and  under  different  teachers,  according  to  advancement.  Consequently,  the 
greater  the  number  of  rooms  and  teachers  for  any  given  school  the  more  favor- 
able the  means  for  perfect  grading.  From  this  it  will  be  seen  that  a  graded  school 
as  contemplated  in  the  above  section  can  not  exist  with  less  than  two  teachers. 
With  one  the  school  may  be  classified  but  not  graded.  Trustees  will  therefore 
have  regard  to  this  element  when  they  put  up  buildings  designed  for  graded 
school.  2d.  As  to  the  time  when  a  graded  school  should  be  established  for  any 
given  township,  no  definite  directions  can  be  given.  There  are  too  many  local 
elements  to  admit  of  any  special  directions.  It  is,  however,  safe  to  say  that 
whenever  there  are  pupils  in  the  township  whose  advancement  is  such  that  the 
district  schools  can  not  furnish  them  instruction,  at  that  moment  begins  the  need 
of  a  township  graded  school  furnishing  instruction  of  a  higher  grade.  The  Trustee 
must,  however,  be  satisfied  that  the  number  of  such  pupils  is  sufficient  to  justify 
the  establishment  of  such  a  school  before  providing  the  same.  3d.  As  to  place  I 
would  suggest  that  whenever  practicable  the  township  graded  school  should  be 
established  in  connection  with  a  district  school,  thus  economizing  in  building, 
perhaps  in  teaching,  also  furnishing  the  means  of  a  more  thorough  grading  in  at 
least  one  primary  school  in  the  township.  It  is  suggested  further  that  a  village, 
if  centrally  located,  is  usually  a  favorable  place  for  the  township  school. — Hoss, 
Supt. 

15.  PAY  OF  GRADED  SCHOOL  TEACHERS.     A  township  graded  school  is  a  com- 
mon school,  as  it  is  open  alike  to  all  the  children  of  the  township  who  are  suffi- 
ciently qualified  for  admission.     Therefore  Township  Trustees  have  the  right  to 
pay  principals  and  teachers  of  graded  schools  for  all  service  which  they  render  as 
teachers  in  such  schools,  from  the  school  revenue  for  tuition  apportioned  by  the 
State.—  Smart,  Supt. 

16.  CUSTODY  OF  SCHOOL  PROPERTY.     The  Trustee  of  each  school  district  has 
charge  and  possession  of  the  school  house,  for,  although  the  director  has  the  charge 


SCHOOL    LAW   OF   INDIANA. 


101 


certain  purposes,  he  acts  under  the  order  and  with  the  concurrence  of  the 
Trustee.  Hard  r.  Walters,  48  Ind.  148;  #4504. 

17.  CONGRESSIONAL  LANDS.      When  those  lands  are  divided  by  a  county  or 
civil  township  line,  the  voters  of  the  congressional  township  to  which  they  belong 
shall  designate  the  Trustee  of  one  of  the  civil  townships  in  which  they  lie  to  have 
the  care  and  management  of  them.     #4330. 

18.  BORROWING  MONEY — EXECUTING  NOTES — LIABILITY  OF  CORPORATION.    A 
Trustee  of  a  school  corporation  has  no  authority  to  borrow  money.     He  has  no 
authority  to  incur  any   indebtedness  except  for  school  purposes,  and  then  only  in 
oases  contemplated  by  statute.     He  has  no  general  authority  to  execute  promissory 

:  his  authority  in  this  respect  is  a  special  one,  and  can  only  be  exercised  in 
conformity  to  the  statute  creating  the  corporation.  The  authority  to  execute  prom- 
i— ory  notes  is  confined  to  cases  where  the  debt  which  the  note  evidences  is  for 
legitimate  school  purposes.  *  *  *  The  cases  very  clearly  establish  the  princi- 
ple that  the  corporation  is  only  liable  on  an  inplied  contract,  and  not  on  the  notes, 
and  such  a  contract  can  not  exist  unless  it  is  shown  that  the  school  corporation 
received  the  consideration  of  the  notes.  *  *  *  The  authorities  all  agree  that 
an  implied  contract  only  exists  in  cases  where  the  defendant  received  the  consid- 
eration of  the  contract,  and  where  this  appears,  and  only  where  it  appears,  he  is 
liable  for  the  reasonable  value  of  the  property  received.  Reve  Township  r.  Dob- 
son,  98  Ind.  497.  See  75  Ind.  368;  106  Ind.  18;  and  gee.  4437  and  4438b  and 

I'.i.  ORDERS  WITHOUT  CONSIDERATION  VOID.  Where  the  Trustee  of  a  school 
township  ha-  issued  an  order  or  certificate  of  indebtedness,  in  the  name  of  his 
township,  without  any  consideration  therefor,  such  order  or  certificate  is  invalid 
and  void,  and  can  not  be  enforced  against  the  township;  nor  in  such  cases  will  the 
•  mliict  or  promises  of  the  Trustee,  or  his  successors  in  office,  estop  the  town- 
ship from  pleading  the  want  of  consideration  as  a  sufficient  defense  to  any  suit 
against  it  upon  such  order  or  certificate.  Axt  ?-.  Jackson  Township,  JM)  Ind.  101. 

'2u.  MAY  ABOLISH  DISTKKTS.  After  a  School  Trustee  has,  on  appeal,  been 
•ordered  by  the  County  Superintendent  to  pr  .vide  furniture  for  the  school  houseof 
a  certain  di.-trict,  he  may  at  once  abolish  the  district  and  provide  proper  school 
facilities  fop  the  people  thereof  in  other  districts.  State  r.  Sherman,  (90  Ind.  123. 
See  D0( 

•Jl.  .Mr>r  <  "NTK..I.  »  nooi.  JM:KMISKS.  A  School  Trustee  has  no  authority  to 
provide  furniture  for  a  room  for  -chool  purposes,  or  to  employ  a  teacher  for  -erv- 
icc  therein,  unless,  such  room  i-  owned  or  leased  by  the  school  township.  State  r. 
Sherman,  W  Ind.  \'2:\. 

•JL'.  Ai-.ANDoMN.,  (.KAPKI-  >•  H.M>L.  If  a  Townsh ip  Trustee  consolidates  two 
•or  more  district*,  and  establishes  in  place  of  them  a  graded  school,  and  afterward 
tind>  it  to  the  advantage  of  the  school-  of  the  town-hip  to  abandon  such  graded 
scho.,1  and  re-establish  the  district  school-,  he  may  do  so. — Lal-'»ll<tt>,  Xupt. 

23.  RULES  AM>  i:K<,ri..\Ti"N-.  School  Hoards  and  other  educational  authori- 
ties have  power  to  adopt  appropriate  rule-  ami  regulations  f(,r  the  government  of 
the  school.-  under  their  control.  It  is  not  necessary  that  all  -iich  rules  shall  be 
made  a  matter  of  record,  nor  that  every  act,  order  or  direction  affecting  their 
management  shall  be  authorized  or  confirmed  by  a  formal  vote;  but  any  rea-<>n- 
able  rule  adopted  by  a  superintendent  or  teacher  not  inconsistent  with  some  stat- 
ute or  some  other  rule  prescribed  by  higher  authority,  is  binding  upon  the  pupil-. 


102  SCHOOL    LAW    OF    INDIANA. 

A  rule  requiring  the  superintendent  of  a  city  school  to  visit  weekly  all  the  schools 
under  his  charge,  and  to  see  that  the  best  methods  of  instruction  are  adopted, 
confers  upon  him  authority,  if  it  were  otherwise  wanting,  to  order  and  promul- 
gate such  additional  reasonable  rules  as  the  best  interests  of  the  schools  may  re- 
quire. Fertich  r.  Michener,  111  Ind.  472.  See  notes  25,  30  and  37. 

24.  ENFORCEMENT  OF  RULES.  In  the  enforcement  of  all  rules  for  the  gov- 
ernment of  a  school,  due  regard  must  be  had  to  the  health,  comfort,  age,  mental 
and  physical  condition  of  the  pupils ;  and  to  the  circumstance  attending  such 
particular  emergency,  and  the  condition  of  the  weather,  the  infirmity  of  a  pupil, 
and  the  like,  may  require  relaxation  in  their  strict  enforcement.  A  school  regu- 
lation must  not  only  be  reasonable  within  itself,  but  its  enforcement  must  also  be 
reasonable  under  ail  the  circumstances.  Fertich  c.  Michener,  111  Ind.  472.  See 
notes  23,  29  and  36. 

2-">.  LOCKING  DOORS.  The  habit  of  locking  the  doors  of  a  school  room  dur- 
ing the  opening  exercises  is  not  an  unreasonable  enforcement,  under  ordinary 
circumstances,  of  a  rule  requiring  pupils  to  remain  in  the  hall  during  that  time  ; 
but  if  the  weather  is  unusually  severe,  and  proper  steps  are  not  taken  for  the 
comfort  of  children  thus  excluded,  such  method  of  enforcement  is  unreasonable 
and  improper.  A  rule  requiring  tardy  pupils  to  remain  either  in  the  hall  of  the 
school  building,  which  is  provided  with  heat,  or  in  the  office  of  the  principal, 
until  the  opening  exercises,  lasting  from  ten  to  fifteen  minutes,  are  concluded,  in 
order  that  such  exercises  may  not  be  interrupted  or  disturbed,  is  in  itself  a  reason- 
able regulation.  Fertich  r.  Michener,  111  Ind.  472. 

26.  DETENTION  OF  PUPIL  AFTER  SCHOOL  HOURS.     Such  detention,  as  a  pen- 
alty for  some  omission  or  misconduct,  is  one  of  the  recognized  methods  of  enforc- 
ing discipline  and  promoting  the   progress   of   pupils  in  the   common   schools, 
and  although  the  cause  for  such  detention  be  mistaken  it  possesses  none  of  the 
elements  of  false  imprisonment,  unless  imposed  from  wanton,  willful  or  malicious 
motives.     Fertich  r.  Michener,  111  Ind.  472. 

27.  LIABILITY  OF  SCHOOL  OFFICER.   A  school  officer  is  not  personally  liable 
for  a  mere  mistake  of  judgment  in  the  government  of  his  school;  but  to  render 
him  liable,  it  must  be  shown  that  he  acted  in  the  matter  complained  of  wantonly, 
willfully  or  maliciously.     Fertich  r.  Michener,  111  Ind.  472. 

28.  CLOSING  SCHOOL  ON  ACCOUNT  OF  EPIDEMICS.     If  a  teacher  objects  to 
closing  school  on  account  of  epidemics  he  may  be  compelled  to  do  so  by  order 
from  the  Secretary  of  the  Board  of  Health.     See  acts  1891,  p.  15.     But  the  teacher 
will  be  entitled  to  compensation  during  the  time  the  school  is  so  closed.     See  43 
Mich.  480. —  Varies,  Sitpt.    See  sec.  4501  and  notes. 

29.  POWER  AS  TO  RULES  AND  REGULATIONS.     Under  the  statutes  of  this  State, 
construed  in  connection  with  the  incidental  powers  of  corporations,  the  various 
school  boards  and  other  educational  authorities,  have  power  to  adopt  appropriate 
rules  and  regulations  for  the  government  of  the  schools  under  their  control.     Ill 
Ind.  472. 

30.  RULES  MUST  BE  REASONABLE  UNDER  THE  CIRCUMSTANCES.     A  school  reg- 
ulation must  not  only  be  reasonable  in  itself,  but  its  enforcement  must  also  be 
reasonable  under  all  the  circumstances.     Ill  Ind.  472. 

31.  REVENUE  IMPLIEDLY  PLEDGED.     When  the  Trustee  of  a  Township,  in 
anticipation  of  the  revenue,  incurs  debts  for  the  building  of  school  houses,  such 
revenue  is  deemed  to  be  impliedly  pledged  for  the  payment  of  such  debts ;  and 


SCHOOL    LAW    OF    INDIANA. 


103 


itlamus  will  not  lie  at  the  MI  it  of  a  town  incorporated  after  the  implied  pledge 
of  the  revenue,  to  compel  the  Trustee  to  pay  the  money  collected  by  him  to  the 
school  officer-  of  the  town,  although  Mich  officers  would  be  entitled  to  Mich  money 
if  it  had  not  been  impliedly  pledged  prior  to  the  incorporation  of  the  town.  109 
Ind.  llo  N.  K.  Kep.  note  IX  no.  4441. 

:!2.        MAM>AMfS    THK    PROPER    ACTION     To    COMPEL    THK     PERFORMANCE    OF    A 

i  ERIAL  DUTY.  Mandamus  is  the  proper  action  to  compel  any  officer  to  per- 
form a  ministerial  duty,  but  mandamus  will  not  lie  to  compel  the  performance  of 
a  discretionary  duty.  "23  All.  Rep.  '.'24. 

33.     BRIBERY  OF  PUBLIC  OFFICER.     To  offer  a  receipt  for  more  than  the 
of  any  kind  of  apparatus  to  induce  an  officer  to  purchase  is  bribery.     106  Ind. 
233.     See  a  and  2051. 

:'A.  MAY  ABOLISH  DISTRICT  WHEN  THE  AVERAGE  ATTENDANCE  is  OXLY  FOUR 
PUPII>.  The  Trustee  may  abolish  a  district  when  the  attendance  has  become  so 
small  as  t.>  satisfy  him  that  no  good  purpose  can  be  accomplished  by  keeping  the 
school  open.  When  the  average  daily  attendance  was  only  four  pupils,  the  num- 
ber not  being  reduced  by  sickness, or  other  cause,  it  was  no  abuse  of  the  Trustee's 
discretion  to  abolish  the  district.  119  Ind.  232. 

35.  COURTS  WILL  NOT  REVIEW  DISCRETIONARY  ACTS  IF  NOT  ABUSED.     It  is  a 
general  rule  that  courts  will  not  revise  the  exercise  of  discretionary  authority  by 
a  public  officer,  for  as  long  as  he  acts  in  good  faith  and  within  the  general  scope 
of  his  authority,  he  is  not  subject   to  judicial  control.     119  Ind.  232;  113  Ind. 
298;  102  Ind.  372;  100  Ind.  242;  34  Ind.  471. 

36.  STUDENTS  MUST  SUBMIT  TO  XFCES.-AKY  RULES.     A  student  is  required  to 
submit  to  any  proper  rule  necessary  for  the  good  government  of  the  school.     82 
Ind.  286.     See  notes  24,  2">  and  30. 

37.  COX^IMKA-  Y    TO    DEFRAUD    INVALIDATES   TOWNSHIP  ORDERS,   AND  ACTUAL 

VALUE  OF  GOODS  CAN  NOT  BE  OBTAINED.  The  certificate  upon  which  the  action 
was  predicated  originated  in  an  unlawful  and  corrupt  conspiracy  to  defraud  a 
public  corporation.  An  agreement  or  conspiracy  between  two  persons  which  has 
for  it,s  object  the  perpetration  of  a  fraud  or  civil  injury  upon  another,  is  illegal; 
and  any  agreement  to  carry  out  or  consummate  a  scheme  which  involves  a  breach 
of  trust,  or  official  duty,  is  unlawful  and  void.  And  the  actual  value  of  the 
goods  furnished  the  township  can  not  be  recovered.  3  Ind.  App.  411;  124  Ind. 
193. 

38.  LIMITATION  ON  POWER  OF  TRUSTEE  TO  CONTRACT  DEBT  FOR  ERECTION  OF 

Sections    443Sa    and    443Sh    limit    the    authority    of    Township 

Tru>t»-e-  to  contract  debt-,  whether  on  behalf  of  the  civil  or  school  township,  and 

they  may  be  enjoined  by  tax-payers  from  contracting  debt-  otherwise.      10t»  Ind.  IS. 

TOWNSHIP   NOT   LIABLE   FOR  -UPPLIES    NOI  IN    THK  TO\\N-HIP 

rn<»u«.H  SUITABLE.      A  township  is  not  liable  upon  a  certificate  i>sued 

by  it-  Tru-tfe  for  -ehoo]  -upplie-  contracted  for  by  him  for  future  delivery,  which 

supplies,    although    suitable,    are   not    needed    in  the  town-hip  -chools.  and  which 

the  township  refu-es  to  accept.      114  Ind.  21<\ 

40.  DKI.IVF.HY  ANI>  \<  .  i  n  \v  u  Of  MPPI.IES.  The  delivery  of  the  goods  to 
a  railroad  company  by  the  vendor  is  not  such  a  delivery  a-  i-  required  to  make 
the  school  town-hip  liable  upon  a  contract  which  its  Trustee  had  no  authority  to 
make.  In  such  a  case  liability  i-  ba-ed  upon  the  actual  acceptance  and  appro- 


104  SCHOOL    LAW    OF    INDIANA. 

priation  of  the  goods.     114  Ind.  210.     But  this  case  has  been  modified  by  124  Ind. 
193  and  3  Ind.  App.  411,  where  fraud  appears.     See  also  127  Ind.  81. 

41.  MECHANIC'S  LIEN  AGAINST  PUBLIC  POLICY.     A  mechanic's  lien  for  work 
done,  or  materials  furnished,  in  the  erection  of  a  public  school  house,  can  not  be 
acquired  or  enforced.     It  is  against  public  policy.     102  Ind.  223. 

42.  PETITION  FOR  SCHOOL  HOUSE.      Any  portion   of   the   inhabitants  of  a 
township  may  petition  the  Trustee  for  the  location  of  an  additional  school  dis- 
trict, or  the  erection  of  a  school  house,  and  if  their  petition  be  refused  they  may 
appeal    to   the   County   Superintendent,    and   if  he  reverse   the  decision  of    the 
Trustee,  it  will  be  the  duty  of  the  latter  to  grant  the  prayer  of  said  petition,  and 
if  he  still  refuse  he  may  be  compelled  to  do  so  by  mandate.     21  Ind.  317.     But 
see  notes  34  and  20. 

43.  TOWNSHIP  MUST  OWN  OR  LEASE  SCHOOL  PREMISES.     A  School  Trustee 
has  no  lawful  authority  to  provide  furniture  for  a  room  for  school  purposes,  or 
employ  teachers  for  services  therein,  unless  such  room  is  owned  or  leased  by  the 
school  township ;  and  even  if  the  County  Superintendent,  on  appeal,  direct  him 
to  do  so,  he  may  properly  disobey  the  order,  and  mandate  will  not  lie  to  compel 
him  to  obey  it.     90  Ind.  123. 

44.  See  sees.  4454,  4455,  5997,  2009,  2051,  2049,  4441,  4439,  4436,  4501,  4501a, 
4438a,  4438b,  4499,  4502,  4511,  451  la  and  notes. 

45.  For  salary  in  townships  of  100,000  inhabitants,  see  Acts  1893,  p.  298. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

4445.  Superintendent  in  cities  and  towns.    The  School  Trus- 
tees of  incorporated  towns  and  cities  shall  have  power  to  employ  a  Su- 
perintendent for  their  schools  (whose  salary  shall  be  paid  from  the  special 
school  revenue),  and  to  prescribe  his  duties,  and  to  direct  in  the  dis- 
charge of  the  same.     (12) 

1  COMPENSATION.  In  case  a  person  is  employed  to  superintend  part  of  the 
time  and  teach  part  of  the  time,  he  can  be  paid  for  the  services  he  renders  as  Su- 
perintendent out  of  the  special  revenue,  and  for  the  services  he  renders  as  teacher 
out  of  the  tuition  revenue.  If  paid  anything  from  the  latter,  he  must  possess  a 
valid  license. — Smart,  Supt. 

2.     WHEN  MAY  EMPLOY  SUPERINTENDENT.     See  $4439,  note  13. 

4446.  Joint  graded  schools.     The  School  Trustees  of  two  or  more 
distinct  municipal  corporations  for  school  purposes  shall  have  power  to 
establish  joint  graded  schools,  or  such  modifications  of  them  as  may  be 
practicable,  and  provide  for  admitting  into  the  higher  departments  of 
their  graded  schools,  from  the  primary  schools  of  their  corporations,  such 
pupils  as  are  sufficiently  advanced  for  such  admission.     Said  Trustees 
shall  have  the  care  and  management  of  such  graded  schools,  and  they 
shall  select  the  teachers  therefor.    They  shall  have  power  to  purchase  suit- 
able grounds  for  such  graded  schools,  and  erect  suitable  buildings  thereon ; 
and  the  title  to  all  such  property,  acquired  for  such  purposes,  shall  vest 
jointly  in  the  corporations  establishing  the  graded  schools.      (13) 


105 


1.  JOINT  GRADED  SCHOOLS—  APPEAL.  An  incorporated  town  and  township 
can  unite  and  establish  a  joint  graded  school,  and  it  will  not  lie  neeessary  for 
the  town  to  extend  it-  limits  so  as  to  enclose  the  sites  of  the  school  house.  The 
town  and  town-hip  authorities  have  no  power  to  enter  into  an  agreement  with  an 
incorp  orated  a—  ociation  for  school  purpose.-,  that  the  three  shall  run  and  control 
hool,  and  that  such  association  shall  have  equal  control  over  the  school  with 
such  town  and  township  authorities.  The  control  of  the  public  school  can  not  be 
lettered  by  any  private  person.  Possibly  an  appeal  will  lie  from  the  decision  of 
two  Township  Trustees  refusing  to  build  a  joint  graded  school  house.  In  case  two 
Township  Trustees  of  different  counties  are  petitioned  to  build  such  a  sclmol 
hoiiM-.  the  Superintendent  of  that  county  to  whom  an  appeal  is  first  taken  would 
Jurisdiction  of  the  ca-e  to  the  exclusion  (,f  the  Superintendent  of  the  other 
county.  It  is  a  new  question,  but  this  i-  my  best  judgment  in  the  matter.  —  Bald- 

•J.  M  ANA'.KMi.N  r  AND  si  PEKN  isinx.  A  joint  graded  school,  as  to  its  man- 
agement and  teacher-,  is  subject  to  the  same  laws,  rules  and  regulations  as  town- 
ship graded  schools  [^4444.  mites  11,  15],  except  that  it  is  under  the  joint  manage- 
ment of  the  School  Trustees  of  both  corporations.  But  the  teachers  should  attend 
the  institutes  of  the  county  and  township  in  which  the  school  is  situated,  and 
should  be  under  the  supervision  of  the  Superintendent  of  that  county.  —  Smart, 


I 


I 


The  Trustees  of  the  two  <chool  corporations  act  as  individuals,  and  do  not  as 
a  unit  represent  their  n-peetive  corporations.  A  majority  of  the  whole  Board  of 
Tru-tees,  whether  such  majority  come  from  the  different  corporations  interested  or 
from  one  corporation  entirely,  have  the  power  to  transact  any  and  all  business,  in- 
cluding the  employment  of  teachers,  relating  to  such  joint  graded  school.  Han- 
over School  Township  r.  (iant,  l'J5  Ind.  557. 

3.  I'KOIMKTIONAI.  «  (>NT!;ir.rTi"N-.     AVhile  the  section  that  provi-i. 
establishment  of  joint  graded  schools  by  two  or  more  distinct  corporations  is  silent 
as  to  the  proportion  in  which  each  shall  contribute  to  the  expense,  yet  J   am  oi 
opinion  that  their  contributions  should  be  in  proportion  to  the  number  of  pupils 
they  will  each  send   to  the  new  sclmol.     Such  is  the  rule  in  the  case  of  joint  dis- 
trict schools  [24513]  and   I  think  the  same  reasons  apply  to  joint  schools  of  all 
kinds.      Holcninli'\  Sn],t. 

4.  PrK<  HAS!:  »r   IM:"!'I:KTY.     The  two  corporations  may   purchase    jointly 
State;   and  the  Trustees  are  the  sole  judges  of  the  right  t«>  purchase  properly 

of  this  character.      Craig  School  Tp.   r.  Scott,   1-4  Ind.  7± 

M\N\..IMI:M  «\  .misr  «;KAPI:H  STIIOMLS.  The  trustees  act  as  individ- 
ual trustees,  and  do  not  as  a  unit  represent  their  respective  corporations.  A  ma- 
jority of  the  whole  Board  of  Trustee-,  whether  such  majority  come  from  on- 
poration  entirely,  or  from  the  different  corporations  interested,  have  the  power 
to  transact  any  and  all  business,  including  the  employment  of  teachers  relating 
to  >uch  joint  graded  school.  }'2~t  Ind.  557. 

.  S.  p.  96.     Approval  Marrh  -'".I.  1^7'.';  ainl  in  fi«n-e  -May  31,1879.] 

4U7.     Surplus  s|KM-ial  school  revenue.     It  shall  be  the  duty  of 

tin-    Board   <>f  School   TnirU-cr  of  any  city  or  incorporated   town  in  this 
State  to  pay  over  to  the  Common  Council  or  Board  of  Trustees  of  such 


106  SCHOOL    LAW   OF   INDIANA. 

city  or  town  any  surplus  special  school  revenue  in  the  hands  of  such 
School  Trustees,  not  necessary  to  meet  current  expenses ;  such  excess  of 
the  revenue  aforesaid  to  be  applied  for  the  payment  of  the  interest  or 
principal,  or  both,  of  any  indebtedness  incurred  under  the  provisions  of 
the  act  of  March  8,  1873,  authorizing  cities  and  incorporated  towns  to 
negotiate  and  sell  bonds  to  procure  means  to  erect  and  complete  unfinished 
school  buildings,  and  to  purchase  any  ground  and  building  for  school 
purposes,  and  to  pay  debts  contracted  for  the  erection  and  purchase  of 
buildings  and  grounds.  (1)  > 

1.  See  §4488-4490. 

2.  NOTE.     This  section  appears  in  the  Revised  Statutes  as  4492,  but  being  the 
same  in  effect,  and  almost  the  same  in  terms  as  4477,  and  a  later  enactment,  it  is 
here  substituted  for  it. 

3.  PAYMENT  FOR  SCHOOL  HOUSE.     A  city  can  not  pay  for  a  school  house  out 
of  its  general  fund.     Such  payment  must  be  made  out  of  a  fund  especially  levied 
for  that  purpose.     Nill  v.  Jenkinson,  15  Ind.  425. 

[1889,  p.  355.    Approved  March  9, 1889,  and  in  force  May  10, 1889.] 

4447a.  Kindergartens.  In  addition  to  other  grades  or  depart- 
ments now  established  in  the  common  schools  of  the  State,  the  Board  of 
Trustees  of  any  incorporated  town  or  city  are  hereby  empowered  by  law 
to  establish,  in  connection  with  the  common  schools  of  such  incorporated 
town  or  city,  a  kindergarten  or  kindergartens  for  the  instruction  of 
children  between  the  ages  of  four  and  six,  to  be  paid  for  in  the  same 
manner  as  other  grades  and  departments  now  established  in  the  common 
schools  of  such  incorporated  town  or  city :  Provided,  however,  That  no 
money  accruing  to  such  incorporated  town  or  city  from  the  "  school  rev- 
enue for  tuition  fund"  of  the  State  shall  be  used  to  defray  the  tuition 
and  other  expenses  of  such  kindergarten  ;  but  the  same  may  be  defrayed 
from  the  local  tax  for  tuition  and  the  special  school  revenue  of  said  in- 
corporated town  or  city.  (1)  t 

[1889,  p.  187.    Approved  March  6, 1889,  and  in  force  May  10, 1889.] 

444  7b.  Night  schools.  In  all  cities  having  a  population  of  three 
thousaDd,  or  more,  according  to  the  census  of  1880,  the  School  Trustees 
of  such  cities  shall  keep  and  maintain  a  night  school,  between  the  hours 
of  seven  and  nine  and  a  half  o'clock  p.  M.,  during  the  regular  school 
terms  as  a  part  of  the  systems  of  common  schools  whenever  twenty  or 
more  inhabitants  of  such  city  having  children  between  the  ages  of  four- 
teen and  twenty-one  years  of  age,  or  persons  over  the  age  of  twenty-one 
years  of  age,  and  who,  by  reason  of  their  circumstances,  are  compelled 
to  be  employed,  or  have  their  children  employed  during  the  school  days 


I 

1 


SCHOOL    LAW    OF    INDIA.NA.  107 

to  aid  in  the  support  of  such  families,  who  desire  to  and  who  shall  attend 
such  school,  shall  petition  such  School  Trustee  so  to  do.     (1) 

NOTE.     If  a  city  or  town  has  a  population  of  :>.ooo  by  the  census  of  1890,  it  is 
entitled  to  maintain  a  night  school. — A.  G.  Smith,  Attij-1 

444 7c.  Age  of  pupils.  All  persons  between  the  ages  of  fourteen 
and  thirty,  who  are  actually  engaged  in  business  or  at  labor  during  the 
day,  shall  be  permitted  to  attend  such  school.  (2) 

[1891,  p.  M8.    Approved  and  in  force  March  7, 1891.] 

444 7d.  Manual  training  schools.  In  all  cities  of  the  State  of 
Indiana  having  a  population  of  one  hundred  thousand  or  over,  as  shown 
by  any  census  taken,  by  lawful  authority,  it  shall  be  lawful  for  the  Board 
of  School  Commissioners,  or  other  school  authorities  having  charge  and 
management  of  the  common  schools  of  said  city,  to  establish  in  connec- 
tion with  and  as  part  of  the  system  of  common  schools  therein,  a  sys- 
tem of  industrial  or  manual  training  and  education  wherein  shall  be 
taught  the  practical  use  of  tools  and  mechanical  implements,  the  ele- 
mentary principles  of  mechanical  construction  and  mechanical  drawing. 

a) 

4447e.  Teachers  and  instruction.  Such  Board  of  School  Com- 
missioners, or  other  school  authorities,  upon  establishing  such  system  of 
manual  or  industrial  training  and  education,  shall  employ  competent 
instruction  in  the  various  subjects  to  be  taught,  and  establish  such  gen- 
eral rules  and  regulations  for  the  admission  of  pupils  and  the  conduct  of 
the  schools  wherein  the  same  shall  be  taught  as  in  their  judgment  will 
produce  the  best  results,  and  give  instruction  to  the  largest  number  of 
pupils  practicable.  They  may  provide  for  such  instruction  in  separate 
rooms,  or  separate  buildings,  as  in  their  judgment  may  be  most  advan- 
tageous. (2) 

44471'.  Tax  levying  to  support  schools.  Any  such  Board  of 
School  Commissioners  or  other  school  authorities,  having  decided  to  es- 
tablish such  system  of  industrial  <>r  manual  training,  shall  have  authority, 
in  addition  to  all  other  taxes  now  authori/ed  to  he  levied,  to  lew  a  tax 
of  not  exceeding  live  cent-  on  each  one  hundred  dollars  of  property 
liable  for  taxation  for  school  purposes,  t«>  he  levied  and  collected  a-  other 
tor  school  purposes  .an-  levied  and  collected,  for  the  purpose  of 
purchasing  grounds  and  erecting  buildings,  or  lor  rcntinjr  buildings 
wherein  such  instruction  shall  be  -riven,  the  purchase  of  all  necessary 
tools,  implements  and  apparatus,  and  for  the  payment  of  instructors  and 
other  expenses  incident  to  the  maintenance  thereof:  Provided,  That  no 


108  SCHOOL   LAW   OF   INDIANA. 

portion  of  the  taxes  so  levied  and  collected  shall  be  applied  to  any  other 
purpose.     (3) 

[1877,  p.  18.    Approved  and  in  force  March  3, 1877.] 

4448.  Things  legalized.     Where  the  excess  of  special  school  rev- 
enue not  necessary  to  meet  the  current  demand  upon  such  revenue  shall 
have  been,  prior  to  the  passage  of  this  act,  loaned,  paid  over,  or  applied, 
as  provided  in  the  preceding  section,  such  loan,  payment,  or  application 
of  such  moneys  is  hereby  legalized  and  made  valid,  as  fully  and  com- 
pletely as  if  this  act  had  been  in  full  force  and  effect  at  the  time  such 
transaction  took  place.     (2) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4449.  Teacher's  reports.     To  enable  the  Trustees  to  make  reports 
which  are  required  of  them  by  this  act,  the  teacher  of  each  school, 
whether  in  township,  town  or  city,  shall,  at  the  expiration  of  the  term 
of  the  school  for  which  such  teacher  shall  have  been  employed,  furnish  a 
complete  report  to  the  proper  Trustee,  verified  by  affidavit,  showing  the 
length  of  the  school  term,  in  days ;  the  number  of  teachers  employed, 
male  and  female,  and  their  daily  compensation ;  the  number  of  pupils 
admitted  during  the  term,  distinguishing  between  males  and  females, 
and  between  the  ages  of  six  and  twenty-one  years ;  the  average  attend- 
ance ;  books  used  and  branches  taught,  and  the  number  of  pupils  en- 
gaged in  the  study  of  each  branch.     Until  such  report  shall  have  been  so 
filed,  such  Trustee  shall  not  pay  more  than  seventy-five  per  centum  of 
the  wages  of  such  teacher,  for  his  or  her  services.     (20) 

1.  THE  REPORT  FINAL.     The  law  requires  a  teacher  to  make  a  report  to  the 
Trustee  at  the  end  of  the  term  for  which  said  teacher  shall  have  been  employed. 
I  think  the  contemplated  report  is  a  final  report.     It  may  be  at  the  end  of  two,, 
three  or  four  months,  as  the  case  may  be,  or  at  the  end  of  the  year.     I  think  that 
a  report  made  in  the  middle  of  a  term  would  not  be  a  final  report  as  contemplated 
by  the  law,  unless  the  teacher  at  that  time  severed  his  connection  with  the  schools. 
— Smart,  Supt. 

2.  TEACHER  EXCUSED,  WHEN.     If  the  school  authorities  fail  to  furnish  a 
building  in  which  to  teach  the  school,  or  refuse  to  furnish  a  school  to  be  taught, 
or  wrongfully  discharge  the  teacher,  such  teacher  is  excused  from  making  a  re- 
port.    Charlestown  Township  v.  Hay,  74  Ind.  127. 

3.  WITHHOLDING  WAGES.     The  provision  on  this  subject  is  designed  to  give 
the  Trustee  a  means  of  securing  the  final  report  from  the  teateher.     It  will  gener- 
ally be  sufficient  for  this  purpose  to  withhold  a  part  or  all  of  the  wages  of  the  last 
month  only  before  the  report  becomes  due.     Any  other  practice  would  inflict  on 
teachers  a  hardship  which  I  am  persuaded  was  not  intended  by  the  Legislature. — 
Holcombe,  Supt 

4.  SUIT.     It  is  a  part  of  a  teacher's  contract  that  he  will  make  a  report,  and 
until  he  does  so  he  can  not  recover  more  than  three-fourths  of  his  wages,  unless 


SCHOOL    LAW    OF    INDIANA.  109 

the  Trustee  has  waived  the  report;  and  the  burden  is  on  the  teacher  to  show  either 
that  he  made  the  report  or  it  was  waived,  if  lie  desires  t<>  recover  the  full  amount 
of  his  earnings.  Owen  School  Township  r.  Hay,  107  Ind.  351. 


11883,  p.  118.    Approved  and  in  force  March  6,  1883.] 

4450.     Trustees'  report.      The  Trustees  of  each  township,  town 

or  city,  shall,  annually,  on  the  first  Monday  of  Auirust,  make  their  re- 
port tor  the  school  year  ending  on  the  31st  day  of  July,  and  furnish  to 
the  County  Superintendent  the  statistical  information  obtained  from 
teachers  of  the  schools  of  their  respective  townships,  towns,  or  cities, 
and  embody  in  a  tabular  form  the  following  additional  items :  The 
number  of  districts ;  schools  taught,  and  their  grades ;  teachers,  males 
and  females ;  average  compensation  of  each  grade ;  balance  of  tuition 
revenue  on  hand  at  the  commencement  of  the  current  year;  amount 
received  during  the  year  from  the  County  Treasurer,  and  amount  ex- 
pended within  the  year  for  tuition;  and  balance  on  hand;  length  of 
school  taught  within  the  year,  in  days ;  school  houses  erected  during  the 
year ;  the  cost  of  the  same ;  the  number  and  kind  before  erected,  and 
the  estimated  value  thereof,  and  of  all  other  school  property ;  number 
of  volumes  in  the  library,  and  the  number  taken  out  during  the  year 
end!  n  i:  the  Mist  day  of  July  ;  also  the  number  of  volumes  added  thereto; 
nem  on  each  one  hundred  dollars  of  taxable  property,  and  on  each 
poll  of  special  tax  for  school  house  erection,  and  amount  of  such  levy; 
balance  <>f  special  school  revenue  on  hand  at  the  commencement  of  the 
current  year  ;  amount  received  during  the  year  from  the  County  Treas- 
urer ;  the  amount  of  said  revenue  expended  during  the  year,  and  bal- 
ance on  hand  ;  the  number  of  acres  of  unsold  congressional  school  lands, 
tin-  value  thereof,  and  the  income  therefrom;  together  with  such  other 
information  as  may  be  called  for  by  the  County  Superintendent  and  the- 
Superintendent  of  Public  Instruction.  (21) 

1.  AMI-:NI>MI:NTS.     The  amendment  «>f  this  section,  and  of  sections  4431  and 
4-441,  is  due  t<.  the  recommendation  of  State  Superintendent  John  M.  Bloss,  and 
to  ft  very  beneficial  measure.     Heretofore  Tnuteea  made  their  annual  reports  oi 

receipt-   and    expenditures   of  school  revenue^    to    the    ( 'onnty  Superintendent    on 
SeptemlM-r  1st.  ami  to  the  County  ( "ommi  — ioncr-  early  in  Oft..'  «r     Mill),  in  each, 
ajM  for  the  yrar  then   endin.tr.     The  result  was  great  confusion  In-tween  the  two 
report-,  rendering  accuracy  almost  impo— ilde.       The   amendment  of  the  sections; 
Drives  a  standard  year  for  all  financial   ami   -tatUtical   reports  of  School  TriiM. 
The  State  Superintendent's  report  for  Is^-J   JohnM.  Bloss)  contains,  on  pages  123- 
133,  an  instructive  account  of  this  matter. 

2.  See  sections  4431,  4441  and  4452. 


110  SCHOOL   LAW   OF   INDIANA. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4451.  Failure  to  report.     On  failure   of  any  Trustee  to  make 
either  the  statistical  report  required  by  the  last  preceding  section,  or 
the  report  of  the  enumeration  required  by  the  sixteenth  section  of  this 
act  [§4473],  or  the  report  of  finances  required  by  the  seventh  section 
of  this  act  [§4441],  to  the  County  Superintendent,  at  the  time,  and  in 
the  manner  specified  for  each  of  said  reports,  the  County  Superintend- 
ent to  whom  such  reports  are  due  shall,  within  one  week  of  the  time 
the  next  semi-annual  apportionment  is  to  be  made  by  the  Auditor  of  the 
county,  notify  said  Auditor,   in  writing,  of  any  such  failure ;   and  the 
Auditor  shall  diminish  the  apportionment  of  said  township,  town  or  city 
by  the  sum  of  twenty-five  dollars,  and  withhold  from  the  delinquent 
Trustee  the  warrant  for  the  money  apportioned  to  his  township,  town  or 
city,  until  such  delinquent  report   is   duly  made  and  filed.     For  said 
twenty-five  dollars,  and   any  additional   damages  which  the  township, 
town  or  city  may  sustain,  by  reason  of  stopping  said  money,  such  Trustee 
shall  be  liable  on  his  bond,  for  which  the  County  Commissioners  may 
sue.     (22) 

4452.  Neglecting  duties.     If  a  Trustee  shall  fail  to  discharge  any 
of  the  duties  of  his  office  relative  to  the  schools,  any  person  may  main- 
tain an  action  against  him  for  every  such  offense,  in  the  name  of  the 
State  of  Indiana,  and  may  recover,  for  the  use  of  the  common  school 
fund,  any  sum  not  exceeding  ten  dollars ;  which  sum,  when  collected, 
shall  be  paid  into  the  county  treasury,  and  added  by  the  County  Audi- 
tor to  said  fund,  and  reported  accordingly.     (23) 

4453.  Failing  to  serve.     Any  person  elected  or  appointed  such 
Trustee,  who  shall  fail  to  qualify  and  serve  as  such,  shall  pay  the  sum 
of  five  dollars,  to  be  recovered  as  specified  in  the  preceding  section  for 
the  use  therein  named,  and  in  like  manner  added  to  said  fund,  unless 
such  person  shall  have  previously  served  as  such  Trustee.     (24) 

4454.  Trustee's  accounts.      The  books,  papers  and  accounts  of 
any  Trustee,  relative  to  schools,  shall  at  all  times  be  subject  to  the  in- 
spection of  the  County  Superintendent,  the  County  Auditor,  and  the 
Board  of  County  Commissioners  of  the  proper  county.     (141) 

4455.  Examination  of  Trustee  and  his  books.     For  the  pur- 
pose of  such  inspection,   such   County  Superintendent,   Auditor,   and 
Board  of  County  Commissioners  may,  by  subpO3na,  summon  before  them 
any  Trustee,  and  require  the  production  of  such  books,  papers  and  ac- 
counts, three  days'  notice  of  the  time  to  appear  and  produce  them  be- 
ing given.     (142) 


SCHOOL    LAW    OF    INDIANA. 


Ill 


I 


4456.  Correction  of  accounts— Removal.    If  any  such  books 
and  accounts  have  been  imperfectly  kept,  said  Board  of  Commissioners 
may  correct  them,  and,  if  fraud  appear,  shall  remove  the  person  guilty 
thereof.     (143) 

tl.     Only  the  Board  of  Commissioners  can  correct  the  Trustee's  books.     The 
nty  Superintendent  ha>  no  power  to  make  or  order  corrections  on  his  own  re- 
sponsibility, but   may  direct    and  insist    Trustees   in   keeping   their   accounts  and 
securing  accuracy,  and  for  such  labor   lie   is  entitled  to  compensation. — Holcombe, 
Supi, 

'2.  INSPECTION.  The  County  Commissioners  may  inspect  a  Trustee's  books 
to  see  if  money  paid  out  has  been  paid  out  according  to  law;  and  if  fraud  ap- 
pears, to  refuse  to  allow  him  credit  for  it,  but  otherwise  they  can  not  refuse  to 
allow  his  claims. — LaFollette,  Supt.  See,  also,  Bicknell  r.  Widner  School  Town- 
ship, 73  Ind.  501. 

3.  A  trustee  may  be  dismissed  for  bribing  an  officer,  section  2051,  R.  S.  1881, 
or  for  being  interested  in  a  public  contract,  section  2049,  K.  8.  1881. —  Varies,  Supt. 

4.  A  County  Superintendent  may  examine  a  trustee's  books  to  see  if  tuition 
revenue  has  been  paid  out  for  attendance  upon  township  institutes  (sec.  4520),  and 
he  should  report  all  frauds  or  inaccuracies  to  the  County  Commissioners  for  cor- 
rection.—  Vories,  Supt. 

[1871,  p.  20.    Approved  and  in  force  March  1, 1871.] 

4457.  School  system  in  large  cities.    In  all  cities  of  this  State 
ef  thirty  thousand  or  more  inhabitants  according  to  the  United  States 
census  for  the  year  eighteen  hundred  and  seventy,  there  shall  be  elected, 
by  the  qualified  electors  of  each  school  district  of  such  city,  one  school  Com- 
missioner, to  serve  as  a  member  of  the  Board  of  School  Commissioners 
•f  such  city.     The  first  regular  election  for  School  Commissioners,  under 
this  act,  shall  be  held  on  the  second  Saturday  in  June,  in  the  year  eigh- 
teen hundred  and  seventy-one,  at  the  places  to  be  fixed  on  for  holding 
such  election  in  the  school  districts  of  such  city  by  the  Common  Council. 
All  elections  for  School  Commissioners  shall  be  held  in  the  same  manner 
ae  elections  are  now  held,  and  shall  be  governed  by  the  same  laws  that 
now  govern  general  and  municipal  elections.      The  persons  declared 
electr<i  -hall  have  issued  to  them,  by  the  City  Clerk,  certificates  of  elec- 
tion ;  and  they  shall,  within  ten  days  thereafter,  take  an  oath  of  office, 
and  file  the  same  with  the  City  Clerk.      All  regular  elections  for  School 
Commission*  rs  shall,  thereafter,  be  held  annually,  on  the  second  Saturday 
v*  June.     (1) 

I.  Indianapolis  is  the  only  eity  which  has  organized  its  schools  under  this 
nection. 

4458.  School  districts.     It  i-  hereby  made  the  duty  of  the  Com- 
mon Council  of  any  such   city,  on   or  before  the  first  Monday  in  May, 
1S71,  by  ordinance,  to  district   the  city  into  as  many  school  districts  as 


112  SCHOOL    LAW    OF    INDIANA. 

there  are  wards,  and  to  define  the  boundaries  of  each  district,  and  such 
boundaries  may  be  the  present  ward  boundaries,  or  otherwise,  as  the 
Common  Council  may  determine.  Such  school  districts  shall,  however, 
be  subject  to  change  by  the  Board  of  School  Commissioners  at  any  time 
after  its  organization ;  and  in  case  the  number  of  districts  is  increased, 
each  additional  district  shall  be  entitled  to  elect  one  School  Commissioner 
for  such  district  at  the  annual  election  for  School  Commissioners.  The 
Common  Council  shall,  at  the  time  such  ordinance  is  adopted  creating 
such  disricts,  order  an  election  to  be  held  in  each  of  such  districts  for 
School  Commissioners  thereof,  on  the  second  Saturday  in  June  follow- 
ing ;  and  shall  direct  the  City  Clerk  to  give  ten  days'  notice  thereof  in 
some  daily  newspaper  of  such  city.  (2) 

4459.  Organization— Term — Tacancies.  On  the  first  Monday  in 
July  following  the  first  election  of  School  Commissioners  herein  provided 
for,  such  School  Commissioners  shall  assemble  at  the  office  of  the  Board 
of  School  Trustees  of  such  city,  and  proceed  to  organize  the  Board  of 
School  Commissioners  of  such  city,  by  electing  one  of  their  number  as  a 
president,  one  of  their  number  as  a  treasurer,  and  one  of  their  number 
as  a  secretary ;  each  of  which  officers  shall  serve  for  one  year  and  until 
his  successor  is  elected  and  qualified.  The  members  of  such  Board  of 
School  Commissioners  shall  then  determine,  by  lot,  which  three  of  their 
number  shall  hold  office  for  three  years,  and  which  three  shall  hold 
office  for  two  years ;  and,  after  having  so  determined,  the  president  of 
the  Board  shall  issue  to  the  persons  so  determined  certificates  entitling 
them  to  hold  office  for  the  terms  respectively  allotted ;  and  the  re- 
maining members  shall  receive,  from  the  president  of  the  Board, 
certificates  showing  that  each  is  entitled  to  hold  office  for  one  year ;  and 
all  persons  elected  as  School  Commissioners  at  the  annual  elections  there- 
after shall  be  entitled  to  hold  office  for  three  years  each.  All  vacancies 
occurring  at  any  time  prior  to  the  annual  election  shall  be  filled  by  a 
ballot  vote  of  a  majority  of  the  members  of  such  Board ;  and  the  per- 
.sons  so  elected  to  fill  such  vacancies  shall  serve  until  the  next  annual 
-election  for  School  Commissioners.  All  persons  elected  at  any  regular 
/annual  election,  or  by  the  Board  to  fill  any  vacancy,  shall  serve  until 
their  successors  are  elected  and  qualified.  It  is  hereby  made  the  duty 
of  the  Board  of  School  Trustees  in  office  at  the  time  of  the  organization 
of  the  Board  of  School  Commissioners,  to  at  once  turn  over  to  the  Board 
of  School  Commissioners  all  books  and  papers  pertaining  to  their  trust, ; 
and  to  place  in  possession  of  the  Board  of  School  Commissioners  all 
moneys,  title  papers,  and  property  belonging  to  the  School  Trustees  of 
Common  Schools  of  such  city ;  and  such  Board  of  School  Trustees  shall 


SCHOOL    LAW    OF    INDIANA. 


113 


I 


»after  cease  to  perform  any  and  all  duties  whatever  connected  with 
he  schools  of  such  city.     (3) 

4460.     Duties  and  jMnvors.     Such  Board  of  School  Commissioners 
vhy  authorized — 

First.  To  district  the  city  for  the  purpose  of  electing  School  Coiumis- 
noners  therein,  and  also  to  subdivide  the  city  for  general  school  purposes. 

Second.  To  levy  a!!  taxes  for  the  support  of  the  schools  within  such 
city,  including  such  taxrs  as  may  he  required  for  paying  teachers,  in  ad- 
dition to  the  taxes  now  authorized  to  he  levied  by  the  General  Assembly 
of  this  State  by  the  general  laws  thereof:  Provided,  No  such  tax  levy, 
in  any  one  year,  shall  exceed  the  sum  of  twenty-five  cents  on  each  <>IK> 
hundred  dollars  of  the  taxable  property,  as  assessed  for  city  taxes  hy  the 
City  Assessor,  for  purchasing  grounds,  building  school  houses,  and  fur- 
nishing supplies  for  such  buildings;  or  twenty-five  cents  on  each  one 
hundred  dollars  of  such  taxable  property,  for  the  purpose  of  paying 
teachers. 

Third.  To  levy  a  tax,  each  year,  of  not  exceeding  one-fifth  of  one 
mill  on  each  dollar  of  taxable  property  assessed  for  city  taxes  by  the 
City  for  the  support  of  free  libraries  in  connection  with  the 

common  school.-  <•{' such  city;  and  to  disburse  any  and  all  revenue  raised 
by  such  tax  levy  in  the  purchase  of  books,  and  in  the  fitting  up  of  suit- 
able rooins  for.  such  libraries,  and  for  salaries  to  librarians;  also  to  make 
and  enforce  such  regulations  as  they  may  deem  necessary  for  the  taking 
ut  from  and  returning  to,  and  for  the  proper  care  of,  all  books  belong- 
ing to  such  libraries,  and  to  prescribe  penalties  for  the  violation  of  such 
regulations. 

Fourth.     To  examine,  either  by  a  committee  of  such  Board  of  School 
Commissioner-;  or  by  an  officer  of  such  Board,  selected  for  that  purpose, 
all   teachers  applying  f"f  positions  in  the  schools  of  the  city;  and  to 
ii  as  may  be  qualified — such  license  to  be  limited  to  the  city 
in  which  the  -a  me  i>  granted. 

Fiji tl.  To  purchase  grounds,  construct  school  buildings,  purchase 
supplies,  employ  and  pay  teacher.-,  appoint  Superintendents,  and  dis- 
burse, through  the  trea.-urer  of  the  Hoard  of  School  Commissioners, 
moneys  for  all  school  and  library  exp«-n>es. 

SidJt.  To  require  the  treasurer  of  the  Board  of  School  Commission- 
er- t->  give  bund  in  such  sum,  and  with  such  r-urety,  as  the  Board  may 

termini-,  for  the  faithful  discharge  of  his  duties,  and  for  the  safe-keep-^ 
ing  and  faithful  accounting  for  all  moneys  that  may  come  into  his  hands 

such  treasurer. 

Seventh.     To  establish  and  enforce  regulations  for  the  grading  of  and 


BOOL  LAW. 


114  SCHOOL    LAW    OF    INDIANA. 

course  of  instruction  in  the  schools  of  the  city,  and  for  the  government 
and  discipline  of  such  schools. 

Eighth.  To  prepare,  issue  and  sell  bonds  to  secure  loans,  not  exceed- 
ing in  the  aggregate  the  sum  of  one  hundred  thousand  dollars,  in  antici- 
pation of  the  revenue,  for  building  school  houses,  to  bear  such  rate  of 
interest,  not  exceeding  ten  per  cent,  per  annum,  and  payable  at  such 
time,  within  five  years  from  date,  as  the  board  may  determine ;  and  the 
money  obtained  as  a  loan  on  any  such  bonds  shall  be  disbursed  by  order 
of  such  Board,  in  payment  of  expenses  incurred  in  building  school 
houses :  Provided,  That  until  all  the  bonds  of  any  one  issue  shall  have 
been  redeemed,  such  Board  shall  not  be  authorized  to  make  another 
issue ;  nor  shall  any  such  bonds  be  sold  at  a  less  rate  than  ninety-five 
cents  on  the  dollar.  (4) 

1.  CAN  NOT  LEVY  POLL  TAX.     The  Board  of  School  Commissioners  has  no 
power  to  levy  a  poll  tax  for  the  support  of  the  common  schools  of  the  city,  or  for 
a  special  fund  for  the  support  of  such  schools.     The  Board  v.  Magner,  84  Ind.  67. 

2.  FIFTH  AND  EIGHTH  CLAUSES.     Under  the  fifth  clause  the  School  Com- 
missioners have  power   to   contract   for   the  erection  and  completion  of  school 
houses,  and  to  agree  to  pay  therefor  partly  in  cash  and  partly  on  time,  and  to  make 
and  deliver  their  notes  for  the  deferred  payments,  which  are  valid  obligations, 
binding  upon  their  school  cities,  notwithstanding  the  fact  that  there  may  be  at  the 
time  outstanding  bonds  to  the  amount  of  $100,000,   issued  and  sold  under  the 
eighth  clause,  to  secure  loans  in  anticipation  of  the  revenue,  for  building  school 
houses,  and  that  such  money  had  been  disbursed  for  that  purpose.     The  powers 
conferred  under  the  fifth  clause  are  limited  only  by  the  educational  wants  of  the 
school  corporations  under  the  Board's  control,  in  the  exercise  of  a  sound  and  reason- 
able discretion.     The  eighth  clause  was  not  intended  to  be,  and  is  not,  a  limitation 
upon  the  general  powers  conferred  upon  the  Board  by  the  fifth  clause.     It  confers 
additional  and  extraordinary  powers  not  conferred  upon  school  corporations  gen- 
erally, and  the  proviso  therein  contained  is  a  limitation  only  on  the  Board's  exer- 
cise of   such  additional  and  extraordinary  powers,      Fatout  v.   Board,  etc.,  102 
Ind.  223. 

3.  NOTES.     Notes  executed  by  the  Board  in  settlement  of  just  debts  fairly 
contracted  for  the  legitimate  purposes  of  the  school  corporation,  do  not  come  with- 
in the  meaning  of  the  eighth  clause,  or  of  the  proviso,  and  are  valid.     Fatout  v. 
Board,  etc  ,  102  Ind.  223. 

4.  TAX  LEVY.     See  Act*  1885,  p.  17,  Sec.  9. 

5.  MECHANIC'S  LIEN— PUBLIC  POLICY.     A  mechanic's  lien  for  work  done,  or 
materials  furnished,  in  the  erection  of  a  public  school  house,  can  not  be  acquired 
«»r  enforced.      It  is  against  public  policy.     102  Ind.  223,  overruling  17  Ind.  225. 

4461.  Tax  collection  and  payment.  All  levies  of  taxes  made  by 
order  of  the  Board  of  School  Commissioners  shall  be  certified  by  its 
president  and  secretary  to  the  City  Clerk,  who  shall  cause  the  same  to 
be  placed  on  the  tax-duplicate  against  all  property  assessed  for  city 
taxes ;  and  the  City  Treasurer  shall  collect  the  same  as  city  taxes  are 


SCHOOL    LAW    OF    INDIANA.  115 


i 


«  jllected,  and  .-hall,  once  in  each  month,  pay  over  all  such  taxes  BO  col- 

i  jcted  to  the  treasurer  of  the  Board  of  School  Commissioners  of  such 

•  ity.     All  taxes  hereafter  collected  by  the  County  Treasurer  for  school 

urposes  on  levies  hereafter  made,  and  all  moneys  that  may  be  hereafter 

istributed  as  part  of  the  common  school  fund  by  county  officers,  to 

rhich  the  common  schools  of  such  city  shall  be  entitled,  shall  be  paid 

•ver  by  the  County  Treasurer  to  the  treasurer  of  the  Board  of  School 

Commissioners ;  and  all  taxes  hereafter  collected  by  the  City  Treasurer 

>n  levies  heretofore  made  for  school  purposes,  shall  be  paid  over  by  such 

Treasurer,  once  in  each  month,  to  the  treasurer  of  the  Board  of  School 

Jommissioners  of  such  city.     (5) 

4462.  Sessions— Record— No  pay.     The  said  Board  of  School 
Commissioners  shall  hold  its  sessions  at  such  times  as  it  may  determine, 
and  shall  keep  a  record  of  all  its  proceedings.     The  members  of  such 
Board  shall  serve  without  any  compensation  whatever.     (6) 

4463.  General  school  law  in  force.    All  parts  of  the  general 
school  laws  of  this  State,  not  inconsistent  herewith,  and  which  may  be 
applicable  to  the  general  system  of  the  common  schools  in  such  city, 
herein  provided  for,  shall  be  in  full  force  and  effect  in  such  city.     (8) 


n 


[1877,  r»- 123.    Approved  and  in  force  March  3, 1877.] 

4464.  Temporary  loans.  The  Board  of  School  Commissioners  of 
any  city  embraced  within  the  provisions  of  sections  4457  to  4463,  may, 
whenever  the  funds  for  the  support  of  the  common  schools  in  such  city 
throughout  the  regular  school  year  shall  be  insufficient  or  exhausted, 
make  temporary  loans  for  the  support  of  such  schools  during  such  time, 
and  until  tin1  receipt  of  the  school  revenue  of  the  current  year;  but  no 
more  than  is  sufficient  for  such  purpose,  nor  the  amount  of  such  revenue 
for  the  current  year,  .-hull  be  borrowed  at  any  one  time,  and  no  further 
loan  shall  be  made  until  such  temporary  loan  shall  be  paid.  (1) 


I'll.    Approved  and  in  force  March  ft,  1889.] 

4464a.     Bonds  to  pay  debts.     Boards  of  School  Commissioners  in 

all  cities  of  this  State  having  thirty  thousand  or  more  inhabitants  ac- 
cording to  the  United  States  census  for  the  year  eighteen  hundred  and 
seventy,  are  hen-by  authorized  to  prepare,  issue  and  sell  bonds  to  secure 
loan-  not  exceeding  in  the  ;  «-,  at  anyone  time,  the  sum  of  two 

hundred  and  fifty  thousand  dollar.-,  in  anticipation  of  the  revenue  for 
purchasing  grounds  and  building  school  houses,  to  bear  such  rate  of  in- 
.  not  exceeding  six  per  cent,  per  annum,  and  payable  at  such  time 
within  ten  years  from  date  as  the  Board  may  determine ;  and  the  money 
obtained  as  a  loan  on  any  such  bonds  shall  be  disbursed  by  the  order  of  said 


116  SCHOOL   LAW   OF    INDIANA. 

Board  in  payment  of  indebtedness  incurred  in  the  purchasing  of  grounds, 
or  building  of  school  houses,  or  in  refunding  any  bonds  or  other  evidence 
of  indebtedness  issued  for  such  purpose.  Such  bonds  may  be  issued  in 
such  denominations  and  in  such  sums  as  the  Board  of  School  Commis- 
sioners may  deem  to  be  expedient :  Provided,  That  at  no  time  shall  the 
amount  of  such  bonds  so  issued  by  any  such  Board  of  School  Commis- 
sioners, then  outstanding,  exceed  said  sum  of  two  hundred  and  fifty 
thousand  dollars :  And  provided,  further,  That  such  bonds  shall  not  be 
sold  for  less  than  their  par  value.  (1) 

NOTE.     For  tax  to  build  and  support  libraries  in  large  cities.     See  $4527  A. 
to  4527  E. 


ARTICLE  III— TAXATION. 

5.  p.  ]82.    Approved  and  in  force  March  1, 1893.] 

4465.  State  tax.     There  shall  be  in  the  year  1893,  and  annually 
thereafter,  assessed  and  collected,  as  other  taxes  are  assessed  and  col- 
lected, the  sum  of  thirteen  and  one-half  cents  on  each  one  hundred 
dollars'  worth  of  taxable  property,  and  fifty  cents  on  each  taxable  poll 
in  the  State,  which  money,  when  collected,  shall  be  paid  into  the  School 
Revenue  for  Tuition  Fund  in  the  State  Treasury,  and  shall  be  appor- 
tioned to  the  several  counties  of  the  State  in  the  manner  now  provided 
by  law.     (3) 

1.     An  act  of  1873  (p.  216)  legalized  tax  levies  for  tuition  made  by  School 
Trustees  of  cities  prior  to  January  21,  1875. 

[1869,  S.  p.  41.    Approved  and  in  force  May  13, 1869.] 

4466.  Uniform  tax.     In  assessing  and  collecting  taxes  for  school 
purposes  under  existing  laws,  all  property,  real  and  personal,  subject  to 
taxation  for  State  and  county  purposes,  shall  be  taxed  for  the  support  of 
common  schools,  without  regard  to  the  race  or  color  of  the  owner  of  the 
property.     (1) 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

4467.  Special  tax.     The  Trustees  of  the  several  townships,  towns, 
and  cities  shall  have  the  power  to  levy  a  special  tax,  in  their  respective 
townships,  towns,  or  cities,  for  the  construction,  renting,  or  repairing  of 
school  houses,  for  providing  furniture,  school  apparatus,  and  fuel  there- 
for, and  for  the  payment  of  other  necessary  expenses  of  the  school,  ex- 
cept tuition ;  but  no  tax  shall  exceed  the  sum  of  fifty  cents  on  each  one 
hundred  dollars'  worth  of  taxable  property  and  one  dollar  on  each  poll, 


f 


SCHOOL    LAW   OF    INDIANA.  117 


one  year,  and  the  income  from  paid  tax  shall  be  denominated  the 
school  revenue.  Any  tax-payer  who  may  choose  to  pay  to  the 
misurer  of  the  township,  town,  or  city  wherein  said  tax  payer  has  prop- 
rty  liable  to  taxation,  any  amount  of  money,  or  furnish  building  ma- 
?rial  for  the  construction  of  school  houses,  or  furniture  or  fuel  therefor, 
lall  be  entitled  to  a  receipt  therefor  from  the  Trustee  of  said  township, 
y\vn,  or  city,  which  shall  exempt- such  tax-payer  from  any  further  taxes 
3r  said  purposes,  until  the  taxes  of  said  tax-payer,  levied  for  such  pur- 
oses,  would,  if  not  thus  paid,  amount  to  the  sum  or  value  of  the  ma- 
erials  so  furnished  or  amount  so  paid :  Provided,  That  said  building 
aaterials,  or  furniture  and  fuel,  shall  be  received  at  the  option  of  said 
trustee.  (12) 

1.  THE  SECTION  CONSTITUTIONAL.  This  question  is  decided  in  Kose  r.  Bath 
Tp.,  10  Ind.  18,  and  several  other  cases. 

The  school  corporations  of  the  State  can  not  be  authorized  by  statute  to  estab- 
ish  and  maintain  schools  separate  and  apart  from  the  common  school  system  of 
lie  State.  Such  a  statute  is  unconstitutional.  But  they  are  not  prohibited  from 
tiding  those  common  schools  established  under  the  supervision  of  the  State,  by 
evying  a  special  tax.  Lafayette  r.  Jenners,  10  Ind.  70;  Greencastle  Tp.  r.  Black, 

I)  Ind 
'2.     WHO  LI:VIKS.     There  can  be  no  doubt  but  that  the  special  tax  authorized 
o  be  levied  l>y  section  12  of  the  school  law  is  to  be  levied  by  the  Trustee  of  the 
>chool  township  or  by  the  Trustees  for  school  purposes  appointed  by  towns  and 
hies. —  H 'in-Ill  a,  Atty-Gen.     See  note  8. 
It  seems  to  me  that  the  School  Trustees  levy  the  taxes  authorized  by  section  1£ 
f  the  M-liiMil  law.  — 7?«Min'//,  Atti/.-Gen.     See  note  6. 
This  view  i^  sustained  by  the  doctrine  of  Carmichael  r.  Lawrence,  47  Ind. 
.-,4. 
3.  «  HAVE  NO  CONTROL.     By  an  act  approved  March  8,  1873, 

[$4467],  tlu-  Lci_M>lature  amended  the  act  of  1865,  giving  Trustees  the  absolute 
rii:ht  to  levy  a  special  tax  by  increasing  the  amount  from  twenty-five  cents  to  fifty 
cents,  and  reaffirming  the  former  law,  otherwise  in  the  very  words  of  it.  This 
clearly  removes  all  authority  of  Commissioners  over  the  Trustees  in  making  their 
>j.ecial  school  levies.—  • //O/*/-/'HX,  ^ujit.  See  notes  8  and  9. 

The  Hoard  of  County  Commissioners  has  no  control  over  School  Trustees  in 
the  levy  of  school  taxes. — Smart,  Sup(.  See  notes  8  and  9. 

4.  Si'iu-i.rs.  A  surplus  in  the  special  school  fund  can  not  be  transferred  to 
the  tuition  fund  and  used  for  the  payment  of  teachers.  —  Mirht  ncr,  Atty.-(i>n. 

•  r>\NK  ST<><  K.     Shares  of  hank  stock  in  a  national  bank  are  liable  to  the 

special  tax  authorized  by  this  section.  I>aniels  r.  Strader,  3J<  Ind.  63;  Root  r.  Er- 
delmeyer,  37  Ind.  '1'1\  atHrining  1  Wilson,  99. 

•          i>.     WHO  LKVIES  AND  COLLECTS.     The  School  Trustee  of  a  school  township 
levies  the  special  tax  authorized  l>y  this  section  ;  the  County  Auditor  extends  it  on 
the   tax   duplicate,   and  the  County  Treasurer  collects  it. — LaFollttte,   Su},t 
notes  •_>,  s  and  9. 

r'.     CoNsTiTrTioNAL   LIMIT  OF  DEBT.     Where  the  indebtedness  of  a  city  or 
ha?  reached  the  constitutional  limit  of  two  per  cent.,  it  may  contract  for  and 


118  SCHOOL   LAW    OF   INDIANA. 

erect  school  houses,  the  cost  of  which  to  be  paid  in  such  installments  as  will  fall 
within  the  annual  income  from  the  special  school  tax  levy.—  A.  G.  Smith,  Atty.- 
Gen. 

8.  BOARD  OF  SCHOOL  TRUSTEES  OF  CITY  HAS  POWER  TO  MAKE  LEVY  INDE- 
PENDENT OF  COMMISSIONERS — DUTY  OF  AUDITOR  TO  MAKE  AND  EXTEND  THE 
ASSESSMENT.     A  Board  of  School  Trustees,  for  the  purpose  of  creating  a  special 
school  revenue  in  accordance  with  sec.  4467,  R  S.  1881,  levied  a  special  school 
tax  of  40  cents  on  each  $100  of  taxable  property  in  the  city,  and  50  cents  on  each 
poll.     The  special  levy  was  duly  certified  to  the  Auditor  of  the  county  with  the 
request  that  he  make  the  proper  assessment  of  the  special  school  tax  as  levied  by 
the  Board  of  Trustees,   and  extend  the  same  upon  the  tax  duplicate;  but  the 
Auditor,  under  the  direction  of  the  Board  of  Commissioners,  failed  and  refused 
to  extend  the  assessment  on  the  tax  duplicate,  and  modified  the  levy  made  by  the 
Board  of  School  Trustees.     Held,  that  section  4467,  K.  S.  1881,  authorizes  a  Board 
of  School  Trustees  of  a  city  to  levy  the  tax  independently  of  the  Board  of  Com- 
missioners, and  when  made  it  is  the  duty  of  the  Auditor  to  make  the  assessment 
and  extend  the  same  on  the  tax  duplicate.     Wood,  Auditor,  v.  School  Corporation 
of  City  of  Tipton,  132  Ind.  206. 

9.  COMMISSIONERS   HAVE   NO  CONTROL  OVER   LEVY  MADE  BY  TOWNSHIP 
TRUSTEE.     The  expression  of  the  law  in  132  Ind.  206  (note  9  above)  applies  as 
well  to  levies  made  by  Township  School  Trustees  as  to  School  Trustees  in  cities. 
In  making  levies  for  school  purposes  the  Trustee  acts  as  Trustee  of  the  school 
corporation,  not  the  civil  corporation,  and  therefore  sec.  5995,  K.  S.  1881,  which 
refers  to  the  levying  of  taxes  for  civil  purposes,  does  not  authorize  the  Commis- 
sioners to  control  the  Trustee  in  levying  taxes  for  school  purposes. —  Varies,  Supt. 

10.  GENERAL  LAWTS — UNIFORM  SYSTEM  OF  SCHOOLS.     A  system  that  secures  to 
all  the  various  subdivisions  of  the  State  equal  arid  uniform  rights  and  privileges, 
leaving  only  to  the  local  authorities  the  right,  under  the  law,  to  govern  the  local 
school  affairs,  is  a  general  and  uniform  system,  and  a  law  providing  such  a  system 
is  a  general  law  within  the  meaning  of  the  Constitution.     102  Ind.  307. 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4468.  Assessment  and  collection.  The  County  Auditor  shall, 
upon  the  property  and  polls  liable  to  taxation  for  State  and  county 
purposes,  make  the  proper  assessments  of  special  school  tax  levied  by 
the  Trustee,  in  the  same  manner  as  for  State  and  county  revenue,  and 
shall  set  down  the  amount  of  said  tax  on  his  tax-list  and  duplicate 
thereof,  as  other  taxes  are  set  down,  in  appropriate  columns ;  and  he 
shall  extend  said  assessment  to  the  taxable  property  of  the  person  trans- 
ferred, which  is  situate  in  the  township,  town  or  city  to  which  the  trans- 
fer is  made,  and  to  the  property  and  poll  of  the  person  transferred,  sit- 
uate in  the  township,  town  or  city  in  which  the  person  taxed  resides,  ac- 
cording to  the  rate  and  levy  thereof  in  the  township,  town  or  city  to 
which  the  transfer  is  made,  and  for  its  use  ;  and  said  tax  shall  be  collected 
by  the  County  Treasurer  as  other  taxes  are  collected,  and  shall  be  paid, 
when  collected,  to  the  Treasurer  for  school  purposes  of  the  proper  town- 


hip,  town  or  city,  upon  the  warrant  of  the  County  Auditor.  To  enable 
1  Bounty  Auditors  correctly  to  assess  said  tax,  the  County  Superintendents 
•f  the  several  counties  shall,  at  the  time  they  make  out  and  report  to  the 
Auditor  the  basis  of  the  apportionment  of  school  revenue  for  tuition,  as  is 
•equired  by  section  4432,  make  out  and  report  to  said  Auditor  a  state- 
nent  of  transfers  which  have  been  made  for  school  purposes  according 
jo  sections  4472  and  4473.  (13) 

1:     See  sections  44:i2,  447'J  and  4473  and  notes. 

2.     To  receive  township  money.      See  section  6000,   R.  S.  1881. 

[1867,  p.  30.'  Approved  March  !>.  1N>7.  and  in  force  June  6, 1867.] 

4469.  Local  tax  for  tuition.  The  Trustees  of  the  civil  townships, 
the  Trustees  of  incorporated  towns,  and  the  Common  Councils  of  cities 
shall  have  power  to  levy,  annually,  a  tax  not  exceeding  twenty-five  cents 
on  each  one  hundred  dollars  of  taxable  property  and  twenty-five  cents 
on  each  taxable  poll ;  which  tax  shall  be  assessed  and  collected  as  the 
taxes  of  State  and  county  revenues  are  assessed  and  collected.  (1) 

tl.  WHO  LEV  IKS.  It  seems  to  me  that  the  civil  trustees  of  towns  levy  this 
.  The  act  says,  the  Trustees  of  the  civil  townships. — Baldwin,  Atty-Gen. 
2.  BY  WHOM  ASSESSED.  The  local  tuition  tax  should  be  assessed  and  col- 
___ted  by  the  County  Auditor  and  Treasurer,  as  in  the  case  of  the  special  school 
tux.  Though  not  provided  in  so  many  words  that  it  shall  be  extended  to  the 
property  of  a  transferred  person,  yet,  inasmuch  as  his  property  is  subject  to 
the  tax  in  some  place,  it  is  justice  and  equity  that  the  corporation  to  which  he 
transfers  should  have  the  benefit  of  it.  But  the  statute  makes  some  general  state- 
ments which  were,  no  doubt,  intended  to  cover  just  such  cases  as  the  one  that  has 
here  arisen.  It  provides  that  the  funds  arising  from  such  tax  shall  be  under  the 
charge  and  control  of  the  same  ojfifcrs,  secured  by  the  same  guarantees,  subject  to  the 
-arm-  /•«/'>•  ami  regulati'm,*,  etc..  a-  funds  arising  from  taxation  for  common  school 
pappose*,  by  the  laws  of  this  State.  The  conclusion,  therefore,  is  inevitable  that 
the  tuition  tax  should  be  extended  to  the  property  in  the  township  of  the  trans- 
ferred jx-'-M,n,  and  that  it  should  be  controlled  by  the  county  officers,  and  township 
and  school  Trustee*.  ll«f>kiny,  Xiif>t. 

KKK>.  A  County  Treasurer  is  not  entitled  to  retain  fees  from  the  local 
tax  for  tuition  collected  by  him.  and  the  Attorney-General  is  authorized  to  require 
<-ountieN  to  make  up  the  account  of  fees  deducted  by  officers  from  such  tax. — 
JfiVAcner,  Atty-' • 

4.     Coxsrrn'TiONAi.     The  tax  authorized  by  this  section  is  valid,  the  section 
fceiug  constitutional.      Hol-in^m  /•.  Svhenck,  102  Ind.  807. 
:,.     s.-,-  -  ction  44#7,  note  9. 


4470.  Local  tax,  how  applied.  The  funds  arising  from  such  tax 
uhall  be  under  tin-  charge  and  control  of  the.  fame  officers,  secured  by 
the  *um»j  guarantees,  -abject  t'»  the  same  rules  and  reirulations.  and  ap- 
plied and  expended  in  the  same  manner  as  funds  arising  from  taxation 


120  SCHOOL    LAW   OF    INDIANA. 

for  common  school  purposes  by  the  laws  of  this  State  :  Provided,  That 
the  funds  assessed  and  collected  in  any  civil  township,  incorporated 
town,  or  city,  shall  be  applied  and  expended  in  the  same  civil  township, 
incorporated  town  or  city  in  which  such  funds  shall  have  been  assessed 
and  collected.  (2) 

1.  ANTICIPATING.     This  revenue  is  not  forbidden  to  be  anticipated,  as  is  the 
State's  tuition  revenue. — Harney  v.  Wooden,  30  Ind.  178. 

2.  TAX  ON  PERSONS  TRANSFERRED — EEPORT.     Tax  received  by  the  Township 
Trustee  from  the  County  Treasurer  which  has  been  collected  by  him  from  persons 
transferred  to  such  township  must  be  applied  to  the  tuition  fund  of  such  township 
under  the  head  of  "  miscellaneous  "receipts." — LaFollette,  Supt. 

[1871,  p.  209.    Approved  and  in  force  March  11, 1871.] 

4471.  Special  tax  to  pay  debts.  In  all  cases  where  any  Town- 
ship Trustee  may  have  heretofore  made  and  contracted  debts  against  any 
township  in  the  construction,  repairing,  or  completion  of  school  houses, 
or  in  providing  furniture  or  school  apparatus  therefor,  and  the  special 
school  revenue  tax,  as  provided  for  in  section  4467,  shall  be  insufficient 
to  satisfy,  pay,  and  liquidate  debts  so  made  and  contracted  by  such 
Trustee,  then,  and  in  that  case,  it  shall  be  lawful  and  such  Township 
Trustee  is  hereby  authorized  to  levy  an  additional  tax  of  not  exceeding 
twenty-five  cents  on  each  one  hundred  dollars'  worth  of  taxable  prop- 
erty, in  any  one  year,  to  the  amount  now  authorized  to  be  levied  under 
said  section,  for  the  purpose  of  paying,  satisfying,  and  liquidating  the 
debts  made  and  contracted  by  said  Trustee,  for  the  purposes  aforesaid ; 
and  it  shall  be  lawful  and  said  Trustee  is  hereby  authorized  to  make  said 
levy  for  each  and  every  year  after  the  passage  of  this  act,  until  said 
debts,  made  and  contracted  as  aforesaid  for  the  purposes  aforesaid,  shall 
be  fully  paid,  satisfied  and  liquidated  :  Provided,  That  nothing  in  this 
act  shall  be  construed  to  alter,  change,  modify,  repeal,  or  in  any  way 
conflict  with  section  4467  :  Provided,  further,  That  such  additional  levy 
shall  only  be  made  after  the  legal  voters  of  the  township  to  be  affected 
thereby  shall  have  declared  in  favor  thereof.  (1) 

1.  TIME  LIMITED.     This  section  applies  to  such  debts  only  as  were  contracted 
previous  to  its  taking  effect,  March  11,  1873,  and  does  not  authorize  a  levy  to  pay 
any  indebtedness  created  since  that  date. — Hord,  Atty-Gen. 

2.  MANDATE.     It  is  the  duty  of  the  Trustee  of  a  township  to  apply  the  tuition 
funds  of  the  township,  when  received,  to  the  payment  of  its  indebtedness  for  tuition, 
and  the  performance  of  such  duty  may  be  enforced  by  mandate. — State  v.  Coop- 
rider,  96  Ind.  279. 


SCHOOL    LAW    OF    INIHANA. 


121 


.  171.    Approved  and  in  force  April  10, 1885.] 

44 7 la.    Tax  to  complete  town  school  houses  and  to  support 

t  »vn  schools.  &-i'nitt't-ntli.  Such  Board  of  Trustees  shall  have  power 
t  •  complete  school  houses  now  in  progress  of  erection,  and  provide  for 
1  ie  payment  of  the  same  ;  to  erect  or  provide  such  school  houses  as  may 
1  e  necessary  for  the  use  of  schools  of  the  town,  to  keep  them  in  repair, 
j  :id  to  provide  fuel  and  other  necessaries  therefor. 

Xindeenth.     The  said  Hoard  of  Trustees  shall  have  power  to  levy  and 
<  .licet  annual  taxes  not  exceeding  thirty  cents  on  the  one  hundred  dol- 

u>  valuation  on  all  property  subject  by  law  to  taxation,  for  the  support 

f  town  -ehooLs  within  their  said  corporation. 

1.     COXSTITUTIONALITY  DOUBTFUL.      The  provisions  are  of   very  uncertain 
alidity.     They  confer  certain  powers  upon  towns  without,  at  the  same  time,  con- 
erring  them  upon  cities  and  townships,  which  are  likewise  school  corporations. 
V  provision  in  the  -chool  law  ot'   1  >.V>,  conferring  similar  powers  upon  towns  and 
•hie-,  hut  not  upon  townships,  was  declared  constitutional  in  the  case  of  City  of 
.,afayttie  v.  -Jenners,  KI  Ind.  7d,  in  which  it  was  said    p.  77  :    "The  State  is  divided 
nto  district-  for  common  >cho<,l  purposes.     The  cities  and  towns  form  a  part  of  the 
li-trict-.  and  mu-t  do  so  to  render  the  school  system  general  and  uniform.     Now, 
•uppo-e  the  school  law,  in  terms  provided  that  taxation  for  common  schools  and 
:he  management  of  the  system  should  be  uniform   except  in  that  portion  of  the 
<chool  districts  situated  in  towns  and  cities;  hut  that  in  such  district   a  tax  addi- 
tional to  that  levied  in  the  rural  districts  might  be  imposed,  and  a  different  organ- 
ization and  management  of  the  schools  adopted,  would   any  one  pretend   that  the 
w  thus  framed  was  uniform  in  its  operation  as  required  by  the  Constitution,  and 
local'/     Yet  Mich  is  the  -clio.,1  law  of  the  State,  if  the  act  of  1855  is  a  part  of 
This  doctrine  is  reaffirmed  by  the  following  language  in  the  rpcent  case  of 
Kobin-on  v.  Schenck.  lo-J  Ind.  — :     "The  duty  rests  on  the  Legislature  to  adopt  the 
-tern  that  can  be  framed,  but  it,  and  not  the  courts,  is  to  judge  what  is  the 
There  is  this  limitation  on  the  legislative  power,  the  system  must  be  a  'gen- 
eral and  uniform  '  one.  and  tuition  must  be  open  and  free  to  all ;  but  the  extent  of 
thi-  limitation  is  this,  and  nothing  more,  the  Legislature  shall  not  make  an  unequal 
distribution  of  money  derived  from  a  general  levy,  or  make  an   unequal  levy,  or 
grant  to  some  school  corporations  benefits  or  rights  withheld  from  others.      This  is 
neral  and  uniform  system  contemplated  by  the  Constitution."      At  all  events, 
the  provisions  in  question  are  superfluous  as  the  subject-matter  is  siitliciently  pro- 
vided for  by  other  statutes  relating  equally  to  cities,  towns  and  townships. — 
combe, 


122  SCHOOL    LAW   OF    INDIANA. 

ARTICLE  IV— ENUMERATION. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

4472.  Trustee  to  take— His  duties.  The  Trustees  of  the  sev- 
eral townships,  towns  and  cities  shall,  between  the  first  of  March  and 
the  first  of  May  in  each  year,  make  .an  enumeration  of  the  children, 
white  and  colored,  within  their  respective  townships,  towns  and  cities, 
between  the  ages  of  six  and  twenty-one  years,  exclusive  of  married  per- 
sons; and  in  making  said  enumeration,  the  Trustee  shall  distinguish 
between  the  white  and  colored  children,  enumerating  them  in  separate 
lists,  and  shall  list  the  names  of  parents,  guardians,  or  heads  of  families, 
male  and  female,  having  charge  of  such  children ;  and  opposite  each 
name,  in  appropriate  columns,  shall  be  entered  the  whole  number  of 
children  in  charge  of  the  person  so  named,  specifying,  particularly,  the 
number  of  males,  the  number  of  females,  the  number  of  the  school  to 
which  such  person  is  attached  for  school  purposes,  and  the  number  and 
initials  which  designate  the  congressional  township  in  which  such  person 
resides ;  including  in  said  list  and  enumeration  the  names  of  such  per- 
sons as  have  been  transferred  to  this  township,  town  or  city,  from  other 
townships,  towns  or  cities,  and  the  enumeration  of  their  children,  and 
excluding  therefrom  the  names  and  number  of  children  of  such  persons 
as  have  been  transferred  from  his  township,  town  or  city,  to  other  town- 
ships, towns  or  cities.  Each  Township  Trustee,  upon  making  the  first 
enumeration  after  the  taking  effect  of  this  act,  shall  inquire  of  each  per- 
son whose  name  he  so  lists,  to  which  school  he  or  she  desires  to  be  at- 
tached ;  and  such  persons,  upon  making  their  selection,  shall  be  consid- 
ered as  forming  the  school  district  of  the  school  selected,  and  none  shall 
be  allowed  thereafter  to  attach  themselves  to,  or  have  the  privilege  of, 
any  other  school  but  by  the  consent  of  the  Trustee,  for  good  cause  shown. 
At  subsequent  enumerations,  the  same  inquiry  shall  be  made  by  the 
Trustee  .of  the  parent,  guardian  or  head  of  family,  having  charge  of 
children  between  the  ages  aforesaid,  whose  residence  has  been  changed, 
or  whose  children  have  become  subject  to  be  enumerated  for  the  first 
time  since  the  last  enumeration.  In  case  a  change  in  the  location  of  a 
school  in  the  township  has  been  made  since  the  last  enumeration,  the 
Trustee  shall  make  the  same  inquiry  of  the  persons  whose  school  privileges 
are  affected  by  such  change.  But  such  inquiries  need  not  be  made  by 
the  Trustee  of  incorporated  towns  and  cities  when  they  take  their  enu- 
merations. The  persons  listed  in  each  of  such  towns  and  cities  shall  be 
considered  as  forming  but  single  school  districts  therein,  distinct  from 
the  townships  in  which  they  are  situated.  (14) 


i 


1.  WHO  MAY  HE  ENUMERATED.     Only  persons  between  the  ages  of  5  [now  6] 
ai  i  21  years  are  entitled  to  be  enumerated,  and  to  have  the  benefits  of  the  common 
»<  lools. — Draper  v.  Cambridge.  L'n  Ind.  -JjJ.s.      A  minor  attain-  to  :M   years  of  age 
o;    the  day  preceding  the  twenty-first   anniversary  of  his  birth. — Wells  c.  Wells, 
C.    nd.  447. 

2.  RESIDENCE.     The  legal  domicile  and  residence  of  a  minor,  not  emanci- 
p  ted,  is  that  of  his  parents.     Parents  residing  in  another  State  can  not  send  their 
(    ildren  into  this  State  for  the  purpose  of  procuring  an  education,  and  enable 
t   em  to  acquire  such  a  residence  here  as  will  entitle  them  to  admission  into  the 
(    mmon  schools  of  this  State,  unless  the  circumstances  are  such  as  will  create  a 
/.  mi  fide  legal  residence  here. — Wheeler  v.  Brown,  18  Ind.  14.     See  notes  7  and  10. 

While  this  sect  ion  declares  that  the  privileges  of  the  school  shall  be  limited  to 
-  irh  persons  as  were  attached  to  the  school  at  the  time  of  the  enumeration,  it  must 

ot  be  so  construed  as  to  exclude  persons  who  move  into  a  district  after  the  enu- 

icration.     Such  a  construction  would,  in  many  cases,  work  serious  detriment. — 

loss,  Stiff. 

H.     NON-RESIDENT  STUDENTS.     Persons  residing  temporarily  within  a  corpo- 

ation,  for  the  purpose  of  studying  at  a  school  or  college  there  located,  do  not 
;  cyjuire  a  legal  residence  therein,  and  the  Trustees  of  such  corporation  have  no 

lore  right  t<>  enumerate  them  than  they  would  have  to  enumerate  a  Sunday-school 

lienic   from  a  neighboring  county  that  they  might  chance  to  find  spending  a  day 

vith in  their  borders. — Bloss,  Supt. 

4.  CHOICE  OF  DISTRICTS.     It  should  be  borne  in  mind  by  the  Trustee  that  the 
;hoice  of  a  school  district  is  not  to  be  an  annual,  but  a  permanent,  choice;  and  it 
ff\\\  be  well  to  inform  every  parent  or  guardian,  at  the  time  of  making  the  enu- 
meration, of  the  permanent  character  of  the  preference  thus  to  be  expressed,  s« 
that  there  -hall  l>e  no  just  cause  of  complaint  on  the  part  of  any. — Mitts,  Supt. 

A  person  may  be  detached  from  one  district  and  attached  to  another  at  any 
time  during  the  year,  with  the  consent  of  the  Trustee,  upon  presentation  to  him 
of  a  suitable  reason  therefor;  but  a  person  whose  school  privileges  have  been  af- 
fected by  his  removal,  or  by  the  re-location  of  a  school  house,  has  the  right  at  the 
next  enumeration  to  choose  a  district  in  the  township  to  which  he  will  be 
attached. — Smart,  Supt. 

The  distinction  must  be  observed  between  a  transfer  and  an  attachment  to  a 
district,  the  former  being  a  change  from  one  corporation  to  another,  the  latter 
from  one  district  to  another  in  the  same  corporation.  —  Bloss,  Supt. 

5.  CHOICE  OF  SCHOOLS  IN  CITIES  AND  TOWNS.     There  is  no  provision  in  the 
law,  that  we  are  aware  of,  authorizing  parents  or  guardians  to  determine  to  which 
one  of  the  schools  they  will  send  their  children  in  towns  and  cities.     These  mat- 
are  managed,   we  believe,  by  the  Trustees  exclusively,  in  towns  and  cities, 

doubtl.— .  to  M>me  extent,  consult  the  wishes  of  the  inhabitants,  having  in 
w  the  grade  of  the  school  which  it  is  proper  that  any  given  pupil  should  at- 
tend, the  convenience  of  parents  and  the  surrounding  circumstances.  Crawfords- 
ville  i'.  Hays,  44  Ind.  'Ji>7. 

(i.  TRANSFERRED  PERSONS.  I  believe  that  it  is  the  duty  of  the  School  Trus- 
tee of  the  corporation  to  which  the  transfer  is  made  to  enumerate  the  transferred 
person,  even  though  he  is  obliged  to  go  outside  his  civil  corporation  to  do  this. — 
Smart,  Supt. 

7.  PRIVILE*.:  .IAIN  CHILDREN.  The  School  Trustees  are  required  to 

"make  an  enumeration  of  the  children,  white  and  colored,  within  their  respective 


= 


124 


SCHOOL    LAW    OF    INDIANA. 


townships,  towns  and  cities,"  and  to  "list  the  names  of  parents,  guardians  or  heads 
of  families,  male  and  female,  having  charge  of  such  children."  The  law  in  this 
section  recognizes  three  distinct  relations  in  which  the  person  having  charge  of  a 
child  may  stand  to  the  child,  viz.,  parent,  guardian  and  head  of  a  family.  The 
term  " heads  of  families"  must  refer  to  a  relation  not  included  in  the  terms 
"parents"  and  "  guardians."  I  think  it  is  intended  to  cover  cases  where  a  person 
has  children  of  school  age  in  his  home  and  under  his  protection,  whether  as  em- 
ployes or  as  members  of  his  family,  though  without  formal  adoption  or  legal 
guardianship.  But  there  are  other  cases  which  the  provision  of  the  statute  as  to 
listing  names  does  not  include,  but  which  must  be  provided  for  under  the  require- 
ment for  enumerating  the  children  within  the  several  corporations.  The  domicile 
of  a  minor  is  with  his  parent  or  guardian,  and  in  theory  every  minor  is  supposed 
to  have  a  guardian.  But,  in  fact,  many  are  completely  sui  juris,  independent  of 
parental  control  or  support,  and  living  by  their  own  labor.  The  homes  of  such, 
for  the  purposes  of  this  section,  must  be  the  places  where  they  are  employed  or  stay 
without  any  immediate  intention  of  departing  therefrom.  No  one  can  be  said  to 
have  charge  of  them,  they  do  not  live  at  the  homes  of  their  employers,  and  are  not 
under  their  protection  as  heads  of  families.  They  are  none  the  less  entitled  to 
school  privileges  under  what  our  Constitution  requires  to  be  a  "  general  and  uniform 
system  of  common  schools,  wherein  tuition  shall  be  without  charge,  and  equally 
open  to  all." 

The  Supreme  Court  remarks,  incidentally,  in  Johnson  v.  Smith,  64  Ind.  275 : 
"  The  theory  of  these  statutory  provisions  is,  that  each  and  every  child  of  the  proper 
age,  without  regard  to  race  or  color,  within  the  limits  of  this  State,  is  entitled  of 
right,  and  without  charge  for  tuition,  to  the  benefits  of  such  an  education  as  may 
be  obtained  in  and  by  our  common  schools." 

I  hold,  therefore,  that  all  persons  between  the  ages  of  six  and  twenty-one  years 
are  entitled  to  school  privileges,  and  may  be  enumerated  in  the  school  corporations 
in  which  they,  in  good  faith,  have  their  home — understanding  home  in  the  general 
sense,  not  in  the  technical  sense  of  legal  domicile.  Those  who  are  in  any  way  in 
charge  of  a  resident  head  of  a  family  should  be  so  enumerated ;  those  who  can  not 
be  so  assigned  may  be  enumerated  as  without  guardian.  In  acting  under  this  in- 
terpretation Trustees  should  guard  against  imposition,  by  finding  out  whether  the 
case  can  be  brought  under  the  law  of  transfer  (§4473  and  4474) ;  and,  if  not,  whether 
the  child  is  dependent  upon  himself  for  support,  or  upon  the  person  with  whom  he 
lives.  In  either  case  he  should  be  admitted  to  the  schools.  But  children  can  not 
legally  be  maintained  and  sent  to  school  by  parents  or  guardians  in  corporations 
other  than  those  in  which  they  themselves  reside,  nor  can  a  minor  become  a  resi- 
dent of  a  school  corporation  merely  to  acquire  an  education  therein.  (Note  2, 
above.) — Holcombe,  Supt.  See  note  10. 

8.  YOUNG  CHILDREN.     While  a  child  not  six  years  of  age  at  the  time  of  enu- 
meration can  not  be  enumerated,  yet  if  he  becomes  six  years  of  age  after  such  enu- 
meration and  before  the  next  enumeration,  he  is  entitled  to  school  privileges  after 
he  arrives  at  the  age  of  six. — LaFollette,  Supt. 

9.  COLORED  CHILDREN.     The  Township  Trustee  will  not  be  compelled  by  the 
courts  to  make  a  separate  list  of  colored  children,  unless  a  separate  school  for  them 
is  practicable. — State  v.  Grubb,  85  Ind.  213. 

10.  POOR  CHILDREN — ENUMERATION  OF.     To  establish  the  rule  that  a  minor 
can  not  have  a  residence  for  school  purposes  other  than  that  of  his  parents  would 
in  many  cases  deprive  such  minor  of  all  benefits  of  such   schools.     When   the 


linor  has  poor  parents  the  poverty  of  the  parents  renders  it  absolutely  necessary, 
i  ninny  cases  that  a  home  for  the  minor  children  should  be  found  in  places  differ- 
nt  from  that  of  the  parents;  and  under  the  construction  insisted  upon  by  the 
.•arned  counsel  for  the.relator  (the  School  Board),  such  unfortunate  children,  for 
benefit  our  free  schools  were  especially  instituted,  would  be  deprived  of  all 
Benefit  of  them. 

But  the  residence  of  pupils,  with  or  without  legal  domicile,  should  not  be 
:hanged  for  the  sole  purpose  of  taking  advantage  of  the  best  schools.  The  opin- 
on  continues :  Effort  has  been  made  to  guard  against  the  precipitancy  of  non- 
•esidents  to  points  where  superior  advantages  exist,  and  schools  of  a  high  order 
ire  maintained,  by  holding  that  such  children  only  are  entitled  to  free  tuition  as 
ire  actually  residing  in  the  district  for  other,  as  a  main  purpose,  than  to  partici- 
pate in  the  advantages  which  the  school  affords.  State  r.  Thayer,  N.  W.  Rep., 
vol.  41,  p.  1014. 

The  Trustee  should  investigate  all  doubtful  cases  to  see  that  no  fraud  is 
practiced  upon  his  corporation,  but  he  should  at  the  same  time  remember  that  it 
is  a  very  serious  matter  to  deprive  a  child  of  the  privileges  of  the  public  school. 
Rich  or  well-to-do  parents  or  guardians  should  not  be  permitted  to  dodge  the  re- 
sponsibility of  school  taxes,  but  if  the  parent  is  poor  it  is  economy  as  well  as 
humanity  to  err  on  the  side  of  the  poor;  and  in  the  education  and  moral  uplift- 
ing of  the  child  the  corporation  will  be  the  gainer,  financially  and  morally. — 
'•.<,  Supt. 

11.  MANDATE — PLEADINGS.  In  an  application  for  a  mandate  to  enforce  the 
ad mi-<i<>n  of  a  person  to  a  common  school,  the  complaint  should  affirmatively 
show  that  the  applicant  is  under  twenty-one  and  not  under  five  [now  six]  years  of 
age,  and  unmarried,  or  such  complaint  will  be  bad  on  demurrer.  Draper  v.  Cam- 
bridge, 20  I  ml. 

B12.  See  sec.  4496  a,  notel. 
[1866,  p.  3.  Approved  and  in  force  March  6, 1865.] 
4473.  Transfer.  When  persons  can  be  better  accommodated  at 
.he  school  of  an  adjoining  township,  or  of  any  incorporated  town  or 
city,  the  Trustee  of  the  town  or  city  in  which  such  persons  reside  shall, 
it'  such  person  so  request,  at  the  time  of  making  the  enumeration,  trans- 
fer them,  for  educational  purposes,  to  such  township,  town  or  city,  and 
notify  the  Trustee  of  such  transfer ;  which  notice  shall  furnish  the  enu- 
meration of  the  children  of  the  persons  so  transferred.  Each  Trustee 
shall,  with  his  report  of  the  enumeration,  report  distinctly  the  persons 
transferred  to  his  township,  town,  or  city,  for  school  purposes  ;  indicating 
in  said  report  the  number  of  children  in  charge  of  the  persons  trans- 
ferred, with  the  same  particularity  that  is  observed  in  the  enumeration. 
16) 


I 


1.  THE  RIGHT  OF  TRANSFER.  Persons  can  be  transferred  at  no  other  time 
than  the  enumeration,  and  then  only  when  the  Trustee  i-  satisfied  that  they  can  be 
better  accommodated. — Fletcher,  Supt. 

APPEAL.  The  right  to  l>e  transferred  is  not  absolute,  depend  ing  upon  the  choice 
of  the  citizen,  like  the  right  to  be  attached  to  any  school  in  his  township.  It  can 


126  SCHOOL    LAW    OF    INDIANA. 

only  be  claimed  if  he  "can  be  better  accommodated"  by  such  transfer,  and  the 
power  of  the  Trustee  to  make  the  transfer  depends  upon  the  existence  of  that  condi- 
tion. Of  necessity,  then,  he  must  determine  whether  or  not  the  condition  exists, 
and  act  upon  such  determination.  But  his  decision  is  not  final.  Section  4537  ex- 
pressly provides  for  an  appeal  to  the  Examiner  from  all  d'ecisions  of  the  Trustee 
relative  to  school  matters;  and  for  the  purpose  of  preventing,  as  far  as  can  be 
vexatious  litigation,  provides  that  the  decision  of  the  Examiner  shall  be  final  as 
to  certain  matters,  among  which  is  enumerated  "transfers  of  persons  for  school 
purposes." — Fogle  v.  Gray,  26  Ind.  345. 

2.  To  WHAT  CORPORATIONS.     The  word  adjoining  must  be  observed.     Persons 
can  only  be  transferred  from  one  township  to  an  adjoining  township.     It  is  difficult 
to  see  how  a  person  (in  view  of  the  regularity  with  which  our  townships  are  laid 
out)  could  be  better  accommodated  in  a  township  not  adjoining  that  in  the  one  of 
his  residence.     But  the  word  adjoining  does  not  apply  to  towns  and  cities,  except 
that  it  appears  from  $4474  that  the  city  must  not  be  farther  away  than  the  adjoin- 
ing county. — Bloss,  SupL 

3.  BETTER  ACCOMMODATIONS.     When  a  district,  by  reason  of  its  own  failure, 
neglect  or  want  of  interest,  has  not  an  efficient  school,  a  party  attached  to  the  dis- 
trict can  not  claim  the  right  of  transfer,  on  the  plea  of  better  accommodation,  be- 
cause the  school  is  a  poor  one,  for  it  would  be  taking  advantage  of  his  own  failure 
of  duty  or  want  of  interest.     If  a  transfer  under  such  circumstances  could  be 
claimed,  it  would  work  to  the  injury  of  many  of  our  schools,  as  well  as  produce 
difficulty  in  their  management. 

But  if  a  large  majority  of  the  pupils  of  the  district,  in  which  the  party  desir- 
ing a  transfer  resides,  are  of  a  primary  grade,  so  that  pupils  more  advanced  can 
not  be  accommodated,  the  party  in  question,  on  a  plea  of  better  accommodation, 
that  his  children  may  pursue  studies  more  advanced  than  can  be  taught  in  the 
school,  can  claim  the  right  of  transfer,  for  in  this  case  the  transfer  is  not  to  the 
injury,  but  to  the  advantage  and  interest  of  the  school. 

The  term  "better  accommodated"  the  Legislature  evidently  intended  should 
apply  to  those  circumstances  over  which  an  individual  has  no  control,  and  not  to 
those  which  he  might  have  avoided  or  remedied.  A  person  can  not  be  transferred 
to  avoid  the  payment  of  a  high  rate  of  taxes. — Baldurin,  Atty.-Gen. 

Trustees  should,  under  no  circumstances,  permit  a  transfer  when  they  believe 
it  is  sought  simply  to  avoid  a  tax  in  the  township  from  which  the  person  wishes  to 
be  transferred.  Neither  is  dislike  of  neighbors  or  neighbor's  children  good  cause 
for  transfer. — Fletcher,  SupL 

4.  RE-TRANSFER.     A  person  can  not  be  transferred  without  his  consent,  nor 
can  he  be  transferred  if  he  has  no  children  of  school  age.     A  transfer  once  made, 
need  not  be  renewed  at  each  enumeration,  but  remains  until  a  re-transfer  is  made. 
When  a  transferred  person  ceases  to  have  children  of  school  age,  a  cause  arises 
for  a  re-transfer  to  his  original  corporation  ;  but  that  cause  must  be  followed  up 
by  an  actual  re-transfer  and  report  by  the  proper  officers ;  otherwise  he  continues 
in,  and  pays  taxes  upon  his  property  in  the  district  to  which  he  was  originally 
transferred. — Baldmn,  Atty.  -  Gen. 

5.  DUTY  OF  AUDITOR,  SUPERINTENDENT  AND  TRUSTEE.     The  additional  labor 
required  of  the  Auditor  by  a  transfer  is  simply  to  enter  the  name  of  the  party 
transferred  and  the  value  of  his  property  situate  in  the  township  in  which  he  re- 
sides upon  the  tax  duplicate  of  the  township  to  which  the  transfer  is  made,  and 

upon  such  property  the  proper  special  school  tax.     All  other  property  of  the 


SCHOOL    LAW    OF    INDIANA.  127 


transferred  is  subject  to  special  school  tax  in  the  township  where  it  is  situate, 
'•ountv  Superintendents,  in  making  the  statements  of  transfers  required  by  this  sec- 
ion,  should  state  distinctly  the  names  of  the  parties  transferred,  the  township  in 
fhich  each  resides,  and  the  township  to  which  transferred.  Nothing  short  of  this 
vill  enable  the  Auditor  properly  to  assess  the  special  school  tax  required.  For 
tdditional  duty  of  Auditor,  when  transfers  to  another  county,  see  sec.  4474  and 
lotes. 

Notice  of  transfers  should  be  given  before  the  first  day  of  May  in  order  that 
,he  Trustee  may  be  able  to  include  the  names  of  parties  transferred  in  his  list  and 
'numeration,  as  required  by  section  4472. 

For  the  convenience  of  the  County  Superintendent,  each  Trustee  should,  at  the 
time  of  making  his  report  of  enumeration,  make  a  separate  report  of  all  tran>tWs 
to  his  township  with  the  same  particularity  required  in  taking  the  enumeration. 
— Boss,  Snpt. 

6.  RECORDS  OF  TRANSFER.     It  is  the  duty  of  the  Trustee  that  transfers,  of 
the  Trustee  to  whom  the  tranfer  is  made,  of  the  Superintendent,  and  of  the  Au- 
ditor, each  and  all,  to  keep  an  official  record  of  all  transfers  of  children  for  school 
purposes.     The  Trustee  to  whom  the  transfer  is  made  can  not  refuse  to  receive  it. 
—Baldwin,  Atty-Gcn. 

7.  TAXES  OF  TRANSFERRED  PERSONS.     On  what  property.     Where  a  person  is 
transferred  for  school  purposes  to  any  township  in  his  own  county,  he  must  pay  to 
the  County  Treasurer,  on  all  his  property  situated  in  the  township  in  which  he 
resides,  the  same  rate  of  school  and  poll  taxes  as  is  paid  by  the  people  of  the  town- 
ship to  which  he  is  transferred,  and  for  the  use  of  that  township.     If  he  owns 
property  in  another  township,  it  must  be  taxed  at  the  rate  of  other  property  in 
that  township,  and  for  the  use  of  schools  therein. — Larrabef,  Xitpt. 

8.  Method  tuggfxted.     The  simplest  method  of  securing  the  purpose  of  these 
provisions,  will  be  for  the  Trustees  of  the  townships  to  which  any  persons  have 
been  thus  transferred,  to  enroll  them  as  members  of  their  respective  districts,  and 
ever  after  take  the  enumeration  of  their  children. — Mill*,  Xu]>(. 

9.  To  what  taxes  liable.     A  transferred  person  is  liable  to  all  taxes  levied  for 
school  purposes  in  the  corporation  to  which  he  is  transferred,  under  section*  44f>7, 
44»i(.t,  4471  and  4490,  and  at  the  same  rate  as  resident  school  patrons. — LaFollette, 
Supt. 

10.  Property  of  wife  or  tenant.     The  father  is  the  head  of  the  family,  and  as 
such  has  charge  of  the  children,  and  has  power  to  have  his  children  transferred 
for  school  purposes,  even  against  the  will  or  wish  of  the  wife,  but  he  has  no  con- 
trol over    her    property.      He  could   not,    by  transferring    his  children  to  another 
township,  etc.,  transfer  his  wife's  property  for  school  taxation,  and  thus  submit  it 
to  a  greater  or  different  tax  without  her  consent.     In  all  similar  cases  the  wife 
should  join  in  the  application  for  the  transfer,  and  the  Trustee  take  her  written 

nt  for  the  taxation  of  lu-r  property  if  the  application  is  granted.      If  a  tax- 
payer has  a  tenant  on  his  farm  who  has  rharge  of  children  entitled  to  the  privi- 
of  school,  such  tenant  can  be  transferred,  although,  of  course,  the  landlord's 

I  property  could  not  be  taxed  in  the  corporation  to  which  his  tenant  was  transferred. 
—Baldwin,  Atty-' 
11.  Remmvil*.  If  a  transferred  person  moves  into  the  corporation  to  which 
he  has  been  transferred,  that  corporation  thereby  loses  the  right  to  tax  his  prop- 
erty situated  in  the  corporation  from  which  he  has  removed.  If  he  moves  into  a 
different  corporation  he  can  not  be  taxed  therein  till  after  the  next  enumeration, 


128 


SCHOOL    LAW    OF    INDIANA. 


when  he  may  be  transferred  thereto  by  the  Trustee  of  the  corporation  in  which  he 
had  last  been  taxed. — Bloss,  Supt. 

12.  WRONG  CORPORATION  RECEIVING  TAX.     If  the  County  Auditor  omits  to 
record  the  transfer  on  his  duplicate,  whereby  the  school  corporation,  from  which  a 
person  has  been  transferred,  receives  the  school  taxes  paid  by  such  person,  such 
corporation  is  liable  for  the  amount  thereof  at  the  suit  of  the  school  corporation 
entitled  thereto.     The  County  Auditor  in  such  a  case,  if  the  school  corporation 
receiving  the  money  is  solvent,  is  only  liable  for  such  expenses  as  are  necessarily 
incurred,  aside  from  taxable  costs,  in  carrying  on  the  suit  for  the  recovery  of  the 
taxes  paid.  —  Michener,  Atty-Gen. 

In  such  a  case  suit  should  be  brought  before  the  corporation  expends  the  rev- 
enue wrongfully  apportioned  to  it,  otherwise  recovery  is  doubtful. —  Fortes,  Supt. 

13.  CONSTITUTIONAL.     The  provisions  of  this  section  authorizing  the  taxation 
of  the  person  transferred  is  constitutional.     Kent  v.  Town  of  Kentland,  62  Ind. 
291 ;  Robinson  v.  Schneck,  102  Ind.  307,  315. 

14.  RE-TRANSFER.     If  a  patron  of  the  schools  can  not  show  that  he  will  be 
better  accommodated  if  re-transferred  he  is  not  entitled  to  such  re-transfer. — La- 
Follette,  Supt. 

16.     REFUSAL,  TO  RECEIVE  PERSON  TRANSFERRED.     The  Trustee  to  whose 
township  a  person  is  transferred  can  not  refuse  to  receive  him. — LaFollette,  Supt. 

16.  BECOME  MEMBERS  OF  SCHOOL  CORPORATION.     A  person  transferred  be- 
comes a  member  of  the  township  to  which  he  is  transferred,  and  is  entitled  to  the 
same  privileges  as  resident  members. — LaFollette,  Supt. 

17.  DISMISSAL  OF  TRANSFER.     When  a  transferred  person  ceases  to   have 
children  of  school  age,  such  person  should  apply  to  the  Trustee  of  the  corpora- 
tion to  which  the  transfer  was  made  for  a  dismissal  of  such  transfer.     An  official 
record  of  the  transfer  has  been  made,  and  it  will  stand  against  the  property  un- 
less officially  dismissed.     This  may  be  done  by  the  Trustee  holding  the  transfer 
entering  on  his  official  record  of  transfers  an  entry  similar  to  this :     "  This  trans- 
fer is  dismissed  because  the  person  transferred  now  has  no  children  of  school  age," 
and  sending  a  copy  of  this  entry  to  the  Trustee  of  the  corporation  from  which 
the  transfer  came. —  Vories,  Supt. 

18.  BASIS  OF  ASSESSMENT.     See  note  3  under  section  4488. 

19.  Property  of  transferred  persons  subject  to  all  school  taxes. — 62  Id.  291. 

20.  See  sections  4474,  4490  and  notes — 

21.  Property  subject  to  taxation  whether  transferred  or  not  if  sent  to  school, 
See  note  6  under  section  4490. 

4474.  Transfer  to  an  adjoining  county.  Each  person  so  trans- 
ferred, for  educational  purposes,  to  a  township,  town  or  city  in  an  ad- 
joining county,  shall,  annually,  pay  to  the  Treasurer  of  such  township, 
town,  or  city  (when  a  tax  is  levied  therein  for  the  purposes  aforesaid)  a 
sum  equal  to  the  tax  levied,  computing  the  same  upon  the  property  and 
poll,  liable  to  tax,  of  such  persons  in  the  township,  town,  or  city  where 
he  resides,  according  to  the  valuation  thereof  by  the  proper  Assessor ; 
which  payment  shall  release  his  property  from  special  school  tax  in  the 
township  in  which  he  resides  In  default  of  such  payment,  he  shall  be 
debarred  from  educational  privileges  in  the  township,  town  or  city  to 


r 

long  i 


SCHOOL    LAW    OF    INDIANA.  129 

ich  he  may  have  been  transferred ;  and  the  Trustee  thereof  shall 
lotify  the  Trustee  of  the  township,  town,  or  city  in  which  he  (the  per- 
son transferred)  resides,  of  such  exclusion.  (17) 

1.  To  WHAT  CORPORATIONS.     The   township   to   which   a   transfer  is  made 
though  in  a  different  county,  must  be  adjoinmi/  to  the  one  in  which  the  person  re- 
hut  it  seems  that  he  may  be  transferred  to  any  town  or  city  in  a  county  upon 

ich  his  own  township  borders.-  -  7>/W,  Siijit. 

2.  CHANGE  IN  LAW.     The  law  creating  the  office  of  Township  Treasurer  has 
tr  since  been  repealed,  and  all  school  taxes  should  now  be  paid  to  the  County 

Treasurer.  —  Section  44(58. —  Forms,  Supt. 

3.  PLAN  FOR  COLLECTING  TAXES  OF  TRANSFERRED  PERSONS.     The  follow- 
ing plan  for  managing  transfers  in  accordance  with  the  law  now  in  force  is  sug- 
gested by  Mr.  E.  M.  Johnson,  present  Deputy  County  Auditor  of  Marion  County. 
It  it  simple  and  practical : 

a.  ILLUSTRATION    OF   HOW   AUDITOR   MAY    MANAGE    TRANSFERS    ON    TAX 
i >r PLICATE.     Transfer  from  one  corporation  to  another  in  the  same  county.     A  is 
transferred  from  Washington  township,  Marion  county,  to  Wayne  township,  Ma- 
rion county.     Extend  tax  duplicate  for  all  persons  in   Washington  township  at 
the  rate  levied  in  \Vashington  township.     Then  if  the  rate  is  greater  in  Wayne 
township,  add  to  A's  taxes  the  difference  created  by  the  higher  rate;  and  vice  versa. 
Make  notes  of  deductions  and  additions  on  tax  duplicate  in  red  ink  before  turn- 
ing it  over  to  the  County  Treasurer. 

b.  WHEN   TRANSFER  FROM   ONE  COUNTY  TO  ANOTHER.     A  is  transferred 
from   Franklin   township,    Marion   county,  to  Sugar  Creek  township,  Hancock 
county.     Then  the  Auditor  of  Hancock  county  should  notify  the  Auditor  of  Ma- 
rion county  of  rate  of  levy  in  Sugar  Creek  township,  and  the  names  of  persons 
transferred  to  Sugar  Creek  township.     Then  the  Auditor  of  Marion  county  will 
add  to,  or  subtract  from,  A's  taxes  in  Franklin  township,  the  difference,  as  the 
case  may  be,  and  the  Treasurer  of   Marion  County  will  collect  A's  taxes,  the 
Auditor  will  remit  the  amount  due  Hancock  county  by  reason  of  the  transfer  of 

I   A,  or  vice  versa. —  Varies,  Supt. 
4.     TAXES.     A  person  transferred  from  one  county  to  another  for  school  pur- 
is  subject  to  taxation  in  the  township  to  which  he  is  transferred  for  all  taxes 
provided  for  in  sections  4467,  4469,  4471  and  4490.—  LaFoUette,  Supt. 
5.     This  section  is  constitutional,  62  Ind.  291 ;  102  Ind.  307. 
6.     Piii'pKKTY  "i-  TI:AN<FKKKI:I>  PI  :i:-.  'N  — INJECT  TO  TAXATION  FORALLSCHCOL 
ITK POSES.     The  property  of  transferred  persons  shall  be  assessed  for  all  school 
purposes,  including  the  payment  of  bonds  issued  for  indebtedness  for  school  pur- 
I     poses.       «;-j  Ind.  -J'.'l. 
7.     See  sees.  4490,  4492  a  and  not 


[1873,  p.  »w.     Approved  and  in  force  March  8, 1873.] 


I 


4475.     KiuiiiKTation,  where  filed.     Each  Trustee  shall,  on  or  be- 
fore the  first  day  of  May,   annually,  report  to  and  file  with  the  County 
Superintendent  <>]'  the  proper  county  a  copy  <>t'  his  said  list  and  enumer- 
ation, with  his  affidavit   endorsed  thereon,  to  the  effect  that  the  same  is, 
9 — SCHOOL  LAW. 


130 


SCHOOL    LAW    OF    INDIANA. 


to  the  best  of  his  knowledge  and  belief,  full  and  accurate,  and  that  the 
enumeration  does  not  include  persons  who  are  less  than  six  nor  more 
than  twenty-one  years  of  age.  (18) 

[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4476.  Township  in  two  or  more  counties— Report.  When  a 
congressional  township  is  located  in  two  or  more  counties,  the  proper 
Trnstee  for  each  portion  thereof  in  the  several  counties  shall  report,  at 
the  same  time  and  in  like  manner  as  provided  in  the  last  preceding  sec- 
tion, to  the  County  Superintendent  of  the  county  in  which  the  congress- 
ional township  fund  of  such  township  is  held  in  trust  and  managed. 
(19) 

1.  EXPLANATION.  This  section  requires  that  when  a  congressional  township 
is  located  in  two  or  more  counties,  the  proper  Trustee  for  each  portion  thereof 
shall  make  two  separate  and  distinct  reports  of  enumeration  : 

1st.     The  ordinary  report  of  enumeration  prescribed  by  $§4472  and  4475. 

2d.  A  special  report  of  enumeration,  consisting  of  an  enumeration  of  the 
school  children  living  within  such  part  of  the  divided  congressional  township  as 
is  within  the  limits  of  his  own  civil  township.  This  special  report  should  be 
made  to  the  Superintendent  of  the  county  in  which  the  fund  belonging  to  such 
divided  congressional  township  is  managed.  In  case  parts  of  several  congressional 
townships  lie  in  a  civil  township  the  Trustee  must  evidently  make  as  many  sepa- 
rate special  reports  to  the  Superintendent  of  the  county  which  manages  the  funds 
or  the  several  congressional  townships. — Smart,  Supt. 


ARTICLE  V— APPORTIONMENT  OF  REVENUE. 

[1873,  p.  80.    Approved  March  11, 1873,  and  in  force  July  7, 1873.] 

4477.  To  be  made  semi-annually.     There  shall  be  two  apportion- 
ments of  the  school  revenue  for  tuition  made  in  each  year  by  the  State 
Superintendent  of  Public  Instruction — one  on  the  fourth  Monday  in 
May,  and  the  other  on  the  first  day  of  January,  unless  the  said  day  of 
the  month  should  be  Sunday,  and,  if  so,  on  the  day  following.     (109) 

4478.  Reports  of  County  Auditors.     To  enable  the  Superintend- 
ent to  make  said  apportionments,  and  to  ascertain  the  amount  of  said 
revenue  collected  and  ready  for  that  purpose,  the  Auditors  of  the  several 
counties  of  the  State  shall,  promptly,  after  making  the  settlements  with 
the  County  Treasurers   of  the   respective   counties  in   April   for   the 
amount  collected  on  tax-list,  and  in  December  for  the  amount  of  delin- 


SCHOOL    LAW    OF    INDIANA.  131 

Collected,  make  report  to  paid" Superintendent  of  the  precise 
Amount  of  school  revenue  for  tuition  collected  in  their  respective 
tountics  and  ready  for  apportionment  and  distribution;  which  report 
hall  be  verified  by  the  oath  or  affirmation  of  the  Auditor  indorsed 
,hereon.  (110) 


ce,u. 

whet 


4479.  When  and  what  County  Auditor  reports.  The  first  of 
-aid  reports  in  each  year  shall  not  be  delayed  later  than  the  third  Moii- 
iay  in  May,  and  the  second  not  later  than  the  twenty-fifth  day  of  De- 

:ber.     Said  report  shall  show — 
irgt.     The   amount  of  school  tax   collected  since  the  last  report, 
ther  upon  the  current  year's  tax-list  or  delinquent  tax. 

Second.  The  amount  of  interest  collected  since  the  last  semi-annual 
report,  and  the  amount,  if  any,  not  previously  reported,  upon  loans  of 
common  school  funds,  and  on  any  indebtedness  which  is  due  or  payable 
to  said  funds,  arising  from  the  sale  of  seminary  property  or  otherwise. 

Tliird.  The  amount  derived  from  liquor  licenses  and  unclaimed  fees 
not  previously  reported. 

Fourth.  The  total  amount  of  school  revenue  thus  collected  and  ready 
for  apportionment. 

Fifth.  The  income  derived  from  the  congressional  township  school 
fund,  including  the  interest  on  loans  of  said  fund,  and  on  deferred  pay- 
ments for  school  lands  which  have  been  sold,  and  the  rents  and  profits 
derived  from  the  leasing  or  renting  of  any  such  lands,  or  otherwise. 

Sixth.  The  amount  of  said  income  from  the  congressional  township 
fund  on  hand  for  distribution  in  parts  of  the  townships  in  the  adjacent 
counties,  specifying  the  amount  on  hand  for  each  of  the  several  counties. 
(Ill) 


1.  IN.-TIU-C TIONS  TO  AUDITORS.  1st,  When  you  make  your  report  to  the 
State  Sup. 'i-intendi-nt  you  give  the  amounts  (if  any)  due  to  adjacent  counties.  At 
tlu  MI  mi-  tiiiu'  you  notify  tin-  Auditors  of  these  counties,  specifying  the  amounts 

due  io  the  several  townships.  !  \  HSO.  >  Mail  all  such  notices  and  tin-  report  on 
the  same  day.  *Jd,  Then  immediately  draw  warrants  upon  your  own  Treasurer  in 
favor  of  the  treasurers  of  tin-  several  adjacent  counties  for  the  amounts  respect- 
ively due  thtiii,  and  eau-e  y.nir  Trea-urer  to  remit  said  amounts  to  said  counties 
at  the  MI  mi-  linn  that  he  make-  hi-  remittance  to  the  Tiva-unr  of  State.  The  ex- 
pense of  -aid  remit  ance>  must  not  IK-  paid  out  of  any  -chool  revenues.  .'M!.  The 
Auditor  of  each  county  to  which  such  revenue  is  paid  will  include  it  in  his  next 
distrihuti.  and  will  notify  Tru-tees  that  ii  is  no  longer  iieee->arv  for 

thc:n  to  ;;,,  or  send  for  their  money  to  «.th.-r  counties,  hut  that  they  will  hereafter 
draw  the  whole  of  their  revenues  from  the  treasury  of  their  own  county. — Bloss, 


132 


SCHOOL    LAW    OF   INDIANA. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 


4480.  When  congressional  township  divided.    When  the  con- 
gressional township  lies  partly  in  one  county  and  partly  in  another,  the 
Auditor  of  the  county  in  which  the  fund  of  such  township  is  managed 
shall  notify  the  Auditor  of  the  county  in  which  any  portion  is  situated 
of  the  amount  due  to  such  portion.     (112) 

4481.  Auditor  failing  to  report— Penalty.    On  the  failure  of 
any  County  Auditor  to  make  his  said  semi-annual  report  in  time  for  said 
apportionments,  his  county  shall  be  subject  to  a  diminution  of  one  hun- 
dred dollars  in  the  next  apportionment  of  said  revenue  by  the  Superin- 
tendent.    The  sum  thus  withheld  may  be  collected  from  said  Auditor, 
in  a  suit  before  a  Justice  of  the  Peace,  prosecuted  in  the  name  of  the 
State,  by  any  person  living  in  said  county  who  has  children  enumerated 
for  school  purposes  for  the  current  year,  who  is  aggrieved  by  said  dim- 
inution.    Said  suit  shall  be  commenced  within  two  years  from  the  time 
when  said  report  was  due,  and  not  afterward  :     Provided,  That  said  Au- 
ditor may  discharge  himself  from  liability  to  such  suit  by  a  certificate  of 
the  postmaster  that  said  report  was  mailed  in  due  time,  together  with 
his  own  affidavit  of  that  fact.     (113) 


[1893,  p.  195.    Approved  and  in  force  March  3, 1893.J 

4482.  The  State  Superintendent  of  Public  Instruction  shall,  on  the 
days  fixed  by  section  109  of  this  act  (4477)  for  his  apportionment  of  said 
revenue  in  each  year,  add  to  the  sum  total  of  said  revenue  in  readiness 
in  each  county  for  apportionment  any  amount  in  the  State  Treasury 
ready  for  apportionment,  and  after  said  addition  the  Superintendent 
shall  apportion  the  whole  of  said  sum  to  the  several  counties  of  the 
State,  according  to  the  last  enumeration  of  children  therein,  with  due 
reference  to  the  diminutions  provided  for  by  sections  41  and  113  of  this 
act  (4431  and  4481)  :  Provided,  however,  That  any  school  corporation 
not  expending  the  sum  total  of  the  tuition  revenue  apportioned  to  it  by 
the  State  shall,  on  the  first  Monday  in  July,  annually,  report  to  and  re- 
turn to  the  County  Treasurer  of  the  county  in  which  said  school  cor- 
poration is  situated  the  unexpended  balance  of  tuition  revenue  from 
said  source  in  excess  of  $100,  and  the  County  Auditor  of  said  county 
shall  include  all  such  unexpended  balances  in  his  report  to  the  State  Su- 
perintendent of  Public  Instruction,  as  tuition  revenue  collected  in  his 
county  and  ready  for  distribution  at  the  next  apportionment.  Any 
Township  School  Trustee  or  Treasurer  of  the  Board  of  School  Trustees 
of  incorporated  towns  and  cities  refusing  or  neglecting  to  refund  the 
said  unexpended  balance  of  tuition  revenue  as  herein  provided  shall  be 


SCHOOL    LAW 


133 


leemed  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined 
not  less  than  double  the  amount  so  withheld. 

1.  The  above  section  has  a  repealing  and  an  emergency  clause. —  Varies,  Supt. 

2.  The  State's  tuition  revenue  apportioned  in  June  (next,  1893),  is  not  to  be 
considered  as  unexpended  balance  for  the  reason  that  it  is  to  be  used  for  the  school 
year  of  1893-4,  which  begins  on  the  first  Monday  of  July.     See  section  4499.     It 
can  not  be  used  for  the  school  year  of  1892-3.     See  note  1  under  section  4470. — 
Fortes,  Supt. 

3.  STATE  NORMAL  SCHOOL.     Fifteen  thousand  dollars  must  also  be  appor- 
-cini-aniuially  to  the  State  Normal  School. — §4556. 

4.  See  section  4485. 

•").  The  equal  distribution  of  the  State  school  revenue  to  the  several  school 
corporations  of  the  State,  according  to  the  number  of  School  children  therein,  is 
a  mean.-,  and  not  an  end;  but  the  great  purpose  for  which  this  means  may  be  used 
is  that  tuition  shall  be  without  charge  and  equally  open  to  all  the  children  of  the 
Statf.  State  of  Indiana  ex  rel.  Alonzo  G.  Smith  (Att'y  Gen'l)  v.  John  F.  Mc- 
Clellan,  School  Trustee. 

6.  This  section  is  not  in  conflict  with  the  State  Constitution.     State  r.  Mc- 
Clellan. 

7.  To  determine  what  part  of  the  unexpended  balance  must  be  returned  to 
the  County  Treasurer,  the  amount  received  from  the  State  and  the  amount  received 
from  local  sources  must  be  prorated.     State  v.  McClellan. 

4483.  Printed  Statement.  Said  Superintendent  shall  make  out 
and  have  printed  a  statement  showing — 

•>.     The  enumeration  of  children  in  each  county. 

Second.  The  amount  of  school  revenue  ready  for  apportionment  in 
each  county,  and  the  source  from  which  the  same  is  derived,  including 
said  addition  from  the  State  indebtedness. 

Third.     The  distributive  share  thereof  apportioned  to  each  county. 

He  shall  file  a  copy  of  said  statement  with  the  Auditor  of  State  and 
-urer  of  State,  and  he  shall  forward  a  copy  thereof,  by  mail,  to 
ouch   of  the  County  Auditors,  County  Superintendents  and  County 
Treasurers  of  the  State.     (115) 


[1885,  S.  p.  208.    Approved  and  in  force  April  13, 1885.] 

4484.  Payment  to  counties.  The  Auditor  of  State  shall,  at  the 
time  of  making  the  semi-annual  settlements  with  the  several  County 
Treasurers,  give  them  each  a  warrant  on  the  State  Treasury  for  the 
State  school  revenues  collected  in  their  respective  counties,  the  amount 
of  which  shall  be  retained  by  said  treasurers,  and  when  the  Superin- 
tendent of  Public  Instruction  shall  have  made  his  semi-annual  appor- 
tionments of  school  revenue  for  tuition  to  the  several  counties  of  the 
Stale,  the  Auditor  of  State  shall  draw  his  warrant  upon  the  State  Treas- 


134  SCHOOL   LAW   OF   INDIANA. 

ury  to  the  respective  County  Treasurers  to  which  there  may  be  due  a 
greater  amount  than  the  State  school  revenue  which  has  been  collected 
in  said  counties,  and  for  which  a  warrant  as  hereinbefore  provided  has 
been  issued  to  them,  and  said  County  Treasurers  to  whom  warrants  have 
been  issued  at  the  semi-annual  settlements  for  more  than  their  distribu- 
tive share  of  said  school  revenue  shall,  upon  notice  being  given  them 
thereof  by  the  Auditor  of  State,  forthwith  pay  such  excess  into  the 
State  Treasury.  (1) 

[1885,  S.,  p.  70.    Approved  and  in  force  April  13, 1885.] 

448 4u.  Payment  of  excess.  The  Auditor  of  State  shall,  at  the 
time  of  making  the  semi-annual  settlements  with  the  several  County 
Treasurers,  give  them  each  a  warrant  on  the  State  Treasury  for  the  State 
school  revenues  collected  in  their  respective  counties,  the  amount  of 
which  shall  be  retained  by  said  Treasurers,  and  when  the  Supeiintendent 
of  Public  Instruction  shall  have  made  his  semi-annual  apportionments 
of  school  revenue  for  tuition  to  the  several  counties  of  the  State,  the 
Auditor  of  State  shall  draw  his  warrant  upon  the  State  Treasury  to  the 
respective  County  Treasurers  to  which  there  may  be  due  a  greater 
amount  than  the  State  school  revenue  which  has  been  collected  in  said 
counties,  and  for  which  a  warrant  as  hereinbefore  provided  has  been 
issued  to  them,  and  said  County  Treasurers  to  whom  warrants  have  been 
issued  at  the  semi-annual  settlements  for  more  than  their  distributive 
share  of  said  school  revenue  shall,  upon  notice  being  given  them  thereof 
by  the  Auditor  of  State,  forthwith  pay  such  excess  into  the  State  Treas- 
ury. (El.  Sup.  Sec.  1267.) 

1.     This  section  modifies  the  provisions  of  sections  4484  and  4485. 
[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4485.  Unapportioned  balances.  If  at  any  time,  from  any  cause 
whatever,  an  uuapportioned  balance  of  school  revenue  shall  appear  in 
the  State  Treasury,  other  than  that  which  is  nominally  therein  at  the 
passage  of  this  act,  the  Superintendent  of  Public  Instruction  shall  add 
said  balance  to  the  sum  to  be  apportioned,  and  apportion  it  at  the  next 
'succeeding  apportionment  after  such  balance  so  appears.  (117) 

1.  EXPLANATION.     The  unapportioned  balance  in  the  treasury  consists  chiefly 
of  moneys  paid  in  by  the  Attorney-General.     But  at  each  apportionment  the  State 
Superintendent  leaves  a  small  balance,  always  less  than  one  cent  for  each  child 
enumerated. 

2.  See  section  4484a. 


SCHOOL    LAW    OF    INDIANA. 


135 


).    Approved  March  11, 1873,  and  in  force  July  7, 1873.] 

>6.  County  Auditor's  apportionment.  The  Auditor  of  each 
county  shall,  semi-annually,  on  the  second  Monday  of  June  and  on  the 
last  Monday  in  January  make  apportionment  of  the  school  revenue,  to 
which  his  county  is  entitled,  to  the  several  townships  and  incorporated 
towns  and  cities  of  the  county ;  which  apportionment  shall  be  paid  to 
the  School  Treasurer  of  each  township  and  incorporated  town  and  city 
by  the  County  Treasurer.  In  making  the  said  apportionment  and  dis- 
tribution thereof,  the  Auditor  shall  ascertain  the  amount  of  the  congres- 
sional township  school  revenue  belonging  to  each  city,  town  and  town- 
ship, and  shall  so  apportion  the  other  school  revenue  as  to  equalize  the 
amount  of  available  school  revenue  for  tuition  to  each  city,  town  and 
township,  as  near  as  may  be,  according  to  the  enumeration  of  children 
therein,  and  report  the  amount  apportioned  to  the  Superintendent  of 
Public  Instruction,  verified  by  affidavit :  Provided,  however,  That  in  no 
case  shall  the  income  of  the  congressional  township  school  fund  belong- 
ing to  any  congressional  township,  or  part  of  such  township,  be  dimin- 
ished by  such  apportionment,  or  diverted  or  distributed  to  any  other 
township.  (118) 

1.  MCTHOD  CONSTITUTIONAL.     This  method  of  apportionment  is  according 
to  the  command  of  the  Constitution,  and,  perhaps,  it  requires  the  same  principle 
to  be  applied  to  the  distribution  among  the  counties.     Quick  v.  Whitewater,  7 
Ind.  570 ;  Quick  v.  Springfield,  id.  636. 

2.  TEACHER'S  REMEDY.     When  a  teacher  obtains  judgment  against  a  school 
corporation,  for  services  MS  such,  and  a  return  of  execution  thereon  nuJla  bona,  he 
may,  by  proper  suit,  obtain  application  of  any  school  revenue  in  the  county  treas- 
ury, belonging  to  such  corporation,  to  the  payment  of  the  judgment.     Trustees  v. 
Simpson,  11  Ind.  520. 

3.  TRUSTKK'S  LIABILITY.     If  the  Township   Trustee  receives  funds,  under 
this  section,  which  In-long  to  a  school  town  within  the  township,  he  may  after  de- 
mand, be  compelled,  by  mandate,  to   pay  the   amount  to  the   town.     Johnson   r. 
Smith,  64  Ind.  275.     Trustees  do  not  apportion  revenue  among  districts.     §4494, 
note  2. 

4.  RULE  FOR  MAKIM;  AITOKTIMNMKNT.     Auditors  will   find  no  trouble  in 
adjusting  the  apportionment  without  the  labor  of  giving  IB  detail  the  specific 
amount  of  each  township's  share  of  the  two  funds,  if  they  will  ascertain  what  the 
whole  amount  of  the  school  revenues  for  the  county,  both  common  and  congres- 
sional, will  give  each  scholar  on  a  per  capifn  division,  ;m»l  then   ascertain  whether 
any  township's  congressional  revenue  will  yield  a  larger  dividend  to  its  children. 
If  any  township  thus  has   a  larger  per  capita  than  that  of  the  whole  county  from 
the  combined  revenues,  exclude  the  children  and  congressional  revenue  of  that 
township  from  the  calculation,   and  distribute  to  the  other  corporations  on  the 
consolidation  basis.     An  example  may  be  presented,  as  follows: 


136 


SCHOOL    LAW    OF    INDIANA. 


Congressional  Tp.  A— 300  Children,  $375  Congressional  Ke venue,  $1.25  Per  Capita. 
11  "    B— 200        "  150  "  "  75    "       " 

«  «    C—  84        "  42  "  "  50    "       " 

«  «    D— 400        "  100  "  "  25    "       " 

«  a     i£ 250          «  «  a  u         « 

The  last  four  townships  have  934  children,  and  $292  congressional  revenue. 
The  common  school  revenue  of  the  county  amounts  to  $875.50,  which,  added  to 
the  $292,  will  make  $1,167.50.  This  will  give  the  last  four  townships  $1,25  per 
scholar,  the  same  that  A  receives  from  her  congressional  revenue  alone,  in  which 
case  the  same  result  is  obtained  with  or  without  including  A's  children  and  reve- 
nue. But  if  the  common  school  revenue  were  only  $828.80,  the  last  four  town- 
ships would  get  only  $1,120.80,  or  $1.20  per  scholar.  In  this  case  A  must  receive 
the  whole  of  her  own  revenue,  which  must  not  be  diminished  by  any  process  of  dis- 
tribution ;  and  the  remaining  revenues  must  be  distributed  among  the  other  cor- 
porations.— Mills,  Supt. 

5.      TOW¥  INCORPORATED  WITHIN  TOWNSHIP — CUSTODY  OF  SCHOOL  FUNDS.      A 

distinct  portion  of  a  certain  township  of  this  State  having  become  an  incorporated 
town,  and  elected  school  trustees,  under  the  laws  of  the  State,  the  Trustee  of  such 
township,  after  the  election,  but  before  such  School  Trustees  had  qualified,  de- 
manded and  received  of  the  County  Treasurer  the  school  funds  of  the  whole  town- 
ship, whereupon  such  School  Trustees,  after  qualifying,  demanded  of  him  the 
payment  to  their  treasurer  of  the  proportion  of  such  school  funds  belonging  to 
such  town,  which  he  refused ;  whereupon  they  filed  an  affidavit,  reciting  the  fore- 
going facts,  to  compel  him,  by  mandate,  to  pay  over  such  moneys.  Held,  on 
demurrer,  that  they  were  entitled  to  recover.  But  see  note  32,  under  section  4444, 
64  Ind.  275. 

[1865,  S.,  p.  139.    Approved  and  in  force  March  21, 1865.] 

4487.  Interest  on  sinking  fund.  All  interest  accrued  or  accru- 
ing on  the  sinking  fund,  or  any  other  fund,  held  by  this  State  for  the 
benefit  of  the  common  schools  of  this  State,  on  and  after  the  first  day  of 
January,  one  thousand  eight  hundred  and  sixty-five,  is  hereby  set  apart 
for  distribution  as  other  revenues  are  distributed,  for  the  support  of  the 
common  schools  of  this  State.  (1) 

[1891,  p.  199.    Approved  and  in  force  March  6, 1891.] 

4487a.  Surplus  dog-tax  fund.  The  revenue  received  from  the 
tax  on  dogs  in  each  township  shall  be  set  apart  by  the  County  Auditor 
at  each  annual  settlement,  and  the  same  shall  be  paid  over  by  the  County 
Treasurer  to  the  proper  Township  Trustee.  The  sums  so  collected  and 
received  in  each  township,  are  hereby  declared  to  be  a  fund  for  the  pay- 
ment of  damages  sustained  by  the  owners  of  sheep  maimed  or  killed  by 
dogs  within  such  township ;  and  each  Township  Trustee  is  directed  and 
required  to  hold  the  same  for  such  purpose :  Provided,  however,  That 
when  it  shall  so  happen  on  the  first  Monday  of  March  in  each  year,  in 


SCHOOL    LAW    OF   INDIANA. 


137 


wnship,  that  the  said  fund  shall  accumulate  to  an  amount  exceed- 
ing fifty  dollars  over  and  above  orders  drawn  against  the  same,  then  the 
surplus  over  said  sum  of  fifty  dollars  shall  be  expended  by  such  Trustee 
for  the  use  of  the  school  revenue  of  the  township.  (236) 

1.  DISTRIBUTION— ANTICIPATION.     The  fund  arising  from  the  dog  tax  should 
not  be  used  exclusively  for  the  support  of  one  school  in  a  township  to  the  neglect 
of  all  others.     It  is  a  fund  to  which  all  the  schools  in  the  township  have  an  equal 
claim,  and  it  should  be  apportioned  by  the  Trustee  among  the  schools,  with  the 
other  tuition  funds.     We  think  it  must  follow,  also,  that  it  should  await  the  ap- 
portionment of  other  funds,  apportioned  for  tuition,  before  it  is  expended. — Malov 
r.  Mudget,  47  Ind.  241.     But  this  has  been  so  modified  by  the  act  of  1891  that  the 
excess  should  be  applied  to  the  school  year  closing. —  Vories,  Supt. 

2.  LAWS  REPEALED.     The  acts  of  March  7,  1883,  and  of  April  8,  1885,  were 
repealed  by  the  act  of  March,  5,  1891,  and  could  not  be  revived  by  the  manner  in 
which  they  were  referred  to  in  section  47  of  the  act  of  March  6,  1891.     Florer  v. 
State,  133  Ind.  453. 

3.  DISPOSITION  OF  SURPLUS.     When  the  Township  Trustee  has   a  surplus 
over  fifty  dollars  on  the  first  Monday  of  March,  he  should  at  once  transfer  such 
surplus  to  his  tuition  account  and  apply   the   revenue  to   the   schools  then  in 
progress.     He  is  not  required  to  report  the  surplus  to  the  County  Auditor  to  be 
redistributed  as  under  the  old  law.     He  should  at  once  apply  the  surplus  to  the 
current  school  term. —  Vories,  Supt. 

4.  Doo    TAX — TOWNSHIP    TRUSTEE    ENTITLED    TO — COUNTY    TREASURERS 
SHorr.i-  PAY  OVER.     The  act  of  March  6,  1891  (Acts  1891,  p.  286,  section  4487  a), 
makes  the  Township  Trustee  the  custodian  of  the  dog  fund  for  the  purpose  men- 
tioned in  the  statute,  and  when  properly  applied  for,  the  County  Treasurer  is  re- 
quired to  pay  over  such  fund. — 133  Ind.  453. 

5.  TOWNS    AND   CITIES    NOT    ENTITLED  TO   ANY   PORTION   OF  THE  SURPLUS. — 

Under  the  new  law  towns  and  cities  are  not  entitled  to  any  portion  of  the  sur- 
plus.—  Varies,  Supt.     See  section  4487  b,  note  1. 


[1877  S.,  p.  74.    Approved  and  in  force  March  14, 1877.] 

4487  b.  Distribution  of  dog  tax  fund.  All  sums  of  money  now 
remaining  in  the  hands  of  the  Township  Trustees,  arising  from  surplus 
dog  tax  fund,  shall  be,  upon  the  taking  effect  of  this  act,  placed  to  the 
OHM  lit  of  the  tuition  fund  of  such  township,  and  shall  be  expended  as 
otlu-r  tuition  funds  of  the  township  are  expended.  The  Township 
Trustees  of  the  several  townships  in  the  State  are  hereby  authorized  to 
pay  to  School  Trustees  of  incorporated  towns  or  cities  their  proportion 
pro  rota  according  to  the  enumeration  for  school  purposes  within  such 
township.  (1) 

1.  PART  RKPK\I.I:I>.  The  l.i-t  <entence  of  this  section  authorizing  the  Town- 
ship Trustee  to  make  a  ]>m  rut  a  division  of  the  surplus  with  incorporated  towns 
and  ritie-  in  hi-  township  was  repealed  by  the  a9t  of  March  (3,  1891  (section 
4487  a).—  Varies,  Supt.  Sec  also  133  Ind.  453. 


138 


SCHOOL   LAW   OF   INDIANA. 


ARTICLE  VI— SCHOOLS  IN  CITIES  AND  TOWNS. 

[1873,  p.  80.    Approved  March  11, 1873,  and  in  force  July  7, 1873.] 

4488.  Bonds  for  school  buildings.  Any  city  or  incorporated 
town  in  this  State  which  shall,  by  the  action  of  its  School  Trustees  have 
purchased  any  ground  and  building  or  buildings ;  or  may  hereafter  pur- 
chase any  ground  and  building  or  buildings  ;  or  has  commenced,  or  may 
hereafter  commence,  the  erection  of  any  building  or  buildings  for  school 
purposes ;  or  which  shall  have,  by  its  School  Trustees,  contracted  any 
debts  for  the  erection  of  such  building  or  buildings,  or  the  purchase  of 
such  ground  and  building  or  buildings ;  or  such  Trustee  shall  not  have 
the  necessary  means  with  which  to  complete  such  building  or  buildings, 
or  to  pay  for  the  purchase  of  such  ground  and  building  or  buildings,  or 
pay  such  debt,  may,  on  the  filing  by  the  School  Trustees  of  said  city  or 
town  of  a  report,  under  oath,  with  the  Common  Council  of  such  city, 
or  the  Board  of  Trustees  of  such  town,  showing  the  estimated  or  actual 
cost  of  any  such  ground  and  building  or  buildings,  or  the  amount  re- 
quired to  complete  such  building  or  buildings,  or  purchase  such  ground 
and  building  or  buildings,  or  the  amount  of  such  debt,  on  the  passage 
of  an  ordinance  authorizing  the  same  by  the  Common  Council  of  said  city 
or  the  Board  of  Trustees  of  such  town,  issue  the  bonds  of  such  city  or 
town  to  an  amount  not  exceeding  in  the  aggregate  fifty  thousand  dol- 
lars, in  denominations  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars  and  payable  at  any  place  that  may  be  designated  in 
the  bonds  (the  principle  in  not  less  than  one  year  nor  more  than  twenty 
years  after  the  date  of  such  bonds,  and  the  interest  annually  or  semi- 
annually,  as  may  be  therein  provided)  to  provide  the  means  with  which 
to  complete  such  building  or  buildings,  and  to  pay  for  the  purchase  of 
such  ground  and  building  or  buildings,  and  to  pay  such  debt.  Such 
Common  Council  or  Board  of  Trustees  may,  from  time  to  time,  negoti- 
ate and  sell  as  many  of  such  bonds  as  may  be  necessary  for  such  pur- 
pose, in  any  place  and  for  the  best  price  that  can  be  obtained  therefor 
in  cash  :  Provided,  That  such  bonds  shall  not  be  sold  at  a  price  less  than 
ninety-four  cents  on  the  dollar.  (1) 

1.  NOTE.     It  is  sufficient  that  the  ground  or  building  shall  have  been  con- 
tracted for  by  the  School  Trustees.     Williams  v.  Albion,  58  Ind.  329. 

2.  BY  WHOM  ISSUED — CONSTITUTIONAL  LIMIT.    School  Trustees  have  no  power 
to  issue  bonds  to  raise  money  to  build  school  houses,  except  by  authority  of  an 
ordinance  of  the  Common  Council  or  Board  of  Civil  Town  Trustees.     I  think  the 
constitutional  amendment  of  1881  (R.  S.  1881,  $220),  limiting  the  power  of  munici- 
pal corporations  to  contract  debts  over  and  above  two  per  cent,  of  their  taxables, 
applies  to  past  as  well  as  future  debts — that  is  to  say,  if  a  town  is  indebted  two  per 


SCHOOL   LAW   OF   INDIANA. 


139 


II 


nt.  on  its  taxables,  it  can  incur  no  further  debt;  if  indebted  one  and  three- 
fourths  per  cent.,  it  can  incur  a  further  debt  of  one-fourth  per  cent. — Baldwin, 
Atty.-Gen. 

3.  BASIS  OF  VALUATION — ASSESSMENT  BASED  ON  CIVIL,  CORPORATION — NOT  ON 

SCHOOL  CORPORATION.  It  has  been  asked  whether  the  Town  Trustees  of  an  in- 
corporated town  in  issuing  bonds  for  a  school  building  in  accordance  with  §4488 
base  the  issue,  as  to  amount  on  the  value  of  property  in  the  town  increased  by 
the  value  of  the  property  of  persons  transferred  to  the  town  for  school  purposes. 

The  corporation  can  not  become  indebted  for  any  purpose  to  an  amount  in 
e  aggregate  exceeding  two  per  centum  in  the  value  of  the  taxable  property 
within  such  corporation,  to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness.  R.  S.  1881,  §±2<). 

Where  persons  can  be  better  accommodated  at  the  school  of  an  adjoining 
township,  or  of  any  incorporated  town  or  city,  the  Trustee  of  the  town  .or  city  in 
which  such  person  resides,  shall,  if  such  person  so  request,  at  the  time  of  mak- 
ing the  enumeration,  transfer  them  for  educational  purposes  to  such  township, 
town  or  city,  and  notify  the  Trustee  of  such  transfer.  Such  person  so  transferred 
shall  annually  pay  to  the  Treasurer  of  such  township,  town  or  city  (when  a  tax  is 
levied  tin-rein  for  the  purpose  aforesaid)  a  sum  equal  to  the  tax  levied,  comput- 
ing the  same  upon  the  property  and  poll  liatle  to  tax  of  such  person  in  the  town- 
ship, town  or  city  where  he  resides,  according  to  the  valuation  thereof  by  the 
proper  Assessor  (§4473,  4474). 

The  property  of  a  person  transferred  to  an  adjacent  township,  town  or  city, 
for  educational  purposes  is  not  assessed  by  the  Assessor  of  the  township,  town  or 
city,  to  which  he  is  transferred,  for  State  and  county  taxes,  but  he  is  assessed  in 
the  township  in  which  he  resides. 

The  Constitution  provides  that  the  value  of  the  taxable  property  within  such 
corporation  is  to  l>e  ascertained  by  the  last  assessment  for  State  and  county  taxes. 
The  property  of  sin-h  transferred  person  does  not  appear  in  the  last  assessment  of 
rporation  for  State  and  county  purposes  to  which  he  is  transferred,  but  in 
the  township  in  wliieh  he  reside-,  and  consequently  the  property  of  such  tran>- 
ferred  person,  residing  in  another  township  can  not  be  taken  into  consideration  in 
determining  the  amount  of  property  within  such  corporation  to  which  he  is  trans- 
ferred, as  the  basi-  f..r  i<-uini:  said  bonds. — Hard,  Atty.-Gen. 

4.  LIABILITY  OF  TRf>n:i->.      Ii    is  asked  whether  the  members  of  a  town 
board  or  the  im-mber*  of  a  school  board,  incur  personal   liability  by  issuing  and 

•tint:  -ehool  bond-;  in  excess  ,,f  the  constitutional  limit. 

Public  oflicers  are  not  personally  liable  on  contracts  within  the  scope  of  their 
authority  and  line  of  duty  unless  it  is  apparent  that  they  intended  to  hind  them- 
selves personally. 

If  a  public  ai^ent  transcends  his  authority,  he  may  in  some  cases  be  rendered 
personally  responsible  for  the  consequence  of  his  act. 

If  the  oliicers  acting  officially  exceed  their  authority  inno  eiitly,  under  a  mis- 
take of  law  in  which  the  other  contracting  party  equally  participates  with  equal 
opportunities  of  knowledge,  and  the  officers  contract  with  him,  and  he  with  them, 
in  their  official  capacity,  neither  looking  to  personal  liability,  the  oliicers  are  not 
personally  liable.  —  Hord,  Afttt.-' 

•").  1  — ri\«.  BONDS.  The  Board  of  School  Trustees  of  a  city  school  <«>rporation 
is  not  authorized  by  this  statute  to  i-sue  bonds  to  purchase  grounds,  hut  the  city 


140 


SCHOOL   LAW    OF    INDIANA. 


issues  the  necessary  bonds  when  authorized  by  the  action  of  the  Common  Council. — . 
Hord,  Atty.-Gen. 

6.  EXCESSIVE  INDEBTEDNESS.     If  the  city  is  indebted  in  excess  of  the  pre_ 
scribed  constitutional  limit,  it  can  not  lawfully  make  and  issue  bonds  under  this 
section,  increasing  its  indebtedness  beyond  the  prescribed  limit. — Hord,  Atty-Gen. 

7.  CONSTITUTIONAL.      This  section   is    constitutional.      Clark  v.    Town  of 
Noblesville,  44  Ind.  83 ;  86  Ind.  17. 

8.  LOCATION  OF  SCHOOL  PROPERTY.     As  a  rule  the  school  grounds  and  houses 
should  be  located  within  the  school  corporation  that  owns  them ;  but  the  bonds  of 
such  corporation,  negotiated  and  sold  to  procure  means  for  the  erection  and  com- 
pletion of  such  school  houses,  are  not  void  merely  because  they  are  located  with- 
out the  limits  of  the  corporation.     Gardner  v.  Haney,  86  Ind.  17. 

9.  TITLE  TO  SCHOOL  PROPERTY — CONTROL  OF.     As  to  the  title  and  control  of 
school  property  three  cases  arise  under  the  law  prior  to  the  act  of  1893  : 

(1)  When  the  school  house  is  within  the  limits  of  the  township  the  title  is 
in  the  school  township,  and  the  Township  Trustee  controls  and  may  sell.     Sec. 
4511. 

(2)  When  the  school  house  is  situated  within  territory  which  is  afterward 
incorporated  into  a  town,  then  the  title  vests  in  the  town^  and  the  property  is  con- 
trolled by  the  school  trustees  of  the  town.    27  Ind.  465;  86  Ind.  582;  109  Ind.  559. 

(3)  When  the  school  house  is  located  on  territory  which  is  taken  into  a  city 
by  addition,  then  the  Township  Trustee  controls  and  sells,  and  credits  the  special 
school  fund  with  the  amount  of  the  sale,  37  Ind.  415 ;  60  Ind.  473. —  Varies,  Supt. 

10.  For  cases  arising  since  the  act  of  1893,  see  sec.  4511  a  and  notes. 

11.  APPLIES  TO  TOWNS  AS  WELL  AS  TO  CITIES.     The  two  per  cent,  constitu- 
tional limit  (section  220,  K.  S.  1881)  applies  to  incorporated  towns  as  well  as  to 
cities. 

12.  PETITION  NOT  NECESSARY.     A  petition  of  the  tax-payers  to  the  Board  of 
Trustees  or  the  Common  Council  is  not  necessary  to  enable  the  Board  to  levy  a  tax 
to  complete  school  buildings.     Clark  v.  Town  of  Noblesville,  44  Ind.  83. 

13.  CAN  NOT  BE  ENJOINED.     When  the  School  Ti  ustees  have  complied  with 
the  law  (section  4491)  by  filing  with  the  Town  Board  or  Common  Council  a  veri- 
fied report,  showing  that,  as  such  School  Trustees,  they  have  contracted  for  the 
purchase  of  real  estate  on  which  to  erect  school  buildings,  and  showing  the  amount 
of  the  debt  incurred  for  such  realty,  and  the  estimated  cost  of  such  buildings,  and 
asking  the  issuance  of  bonds,  such  Board  or  Common  Council  may,  by  ordinance, 
authorize  the  issue  and  sale  of  bonds  of  such  city,  equal  in  amount  to  the  cost  of 
such  real  estate  and  the  estimated  cost  of  such  buildings,  and  such  Board  or  Com- 
mon Council  can  not  be  enjoined  from  so  doing.     Williams  v.  Town  of  Albion,  58 
Ind.  329. 

14.  See  sections  4439,  4489,  4490,  4491,  4492,  4492a,  4511,  4511a  and  notes. 

4489.  Use  of  proceeds.  The  proceeds  of  the  sales  of  such  bonds 
shall  be  paid  to  the  said  School  Trustees,  to  enable  them  to  erect  or 
complete  such  building  or  buildings  and  pay  such  debt.  But  before 
payment  to  them,  such  School  Trustees  shall  file  with  the  County  Audi- 
tor a  bond,  payable  to  the  State  of  Indiana,  in  a  sum  not  less  than  the 
full  amount  of  the  said  money  so  to  be  paid  to  them,  and  with  security 
to  be  approved  by  said  Auditor,  conditioned  for  the  faithful  and  honest 


SCHOOL    LAW    OF    INDIANA.  141 

ipplication  of  such  money  to  the  purpose  for  which  the  Fame  was  pro- 
vided ;  and  such  Trustees,  and  their  surety  or  sureties,  shall  be  liable  to 
suit  on  such  bond  for  any  waste,  misapplication,  or  loss  of  such  money, 
in  the  same  manner  as  now  provided  for  waste  or  loss  of  school  revenue. 
(2) 

Box i>  i  IF  SCHOOL  BOARD.     The  bond  required  to  be  given  by  the  School  Tnis- 

-  additional  to  those  already  given  by  them  (§4440),  and  may  be  a  joint 

bond  of  the  three  members  of  the  Hoard,  equal  in  amount  to  the  proceeds  turned 

over  to  them,  but  they  must  be  severally  bound  for  the  whole  amount. — Smart,  Supt. 

[1875,  p.  29.    Approved  and  in  force  March  11, 1875.] 

4490.  Special  tax.  In  addition  to  levying  the  tax  by  cities  or 
incorporated  towns  for  general  purposes,  now  authorized  by  law,  the 
Common  Council  of  any  such  cities,  and  Boards  of  Trustees  of  any  such 
incorporated  towns  as  shall  avail  themselves  of  the  provisions  of  this 
act,  are  hereby  authorized  and  required  to  levy,  annually,  a  special 
additional  tax,  at  the  same  time  and  in  the  same  manner  as  other  taxes 
of  such  city  or  town  are  levied,  sufficient  to  pay  the  interest  and  princi- 
pal of  said  bonds  falling  due ;  which  additional  special  tax  shall  be 
assessed  and  collected  as  the  taxes  for  State  and  county  revenue  are  assessed 
and  collected  The  Treasurer  of  said  city  or  town  shall  keep  accurate 
account  of  the  revenue  arising  from  said  special  tax,  and  shall  in  his 
reports,  when  required  by  the  city  or  town  authorities,  show  the  amount 
thereof  received,  the  amount  disbursed,  and  the  amount  thereof,  if  any, 
remaining  delinquent.  He  shall  pay  out  the  same  only  by  the  authority 
of  the  Common  Council  of  said  city  or  Board  of  Trustees  of  such  town ; 
and  shall  permit  the  same  to  be  applied  to  no  other  purpose  than  the 
payment  of  the  principal  and  interest  of  such  bonds ;  and  official  bonds 
of  City  and  Town  Treasurers  shall  be  construed  to  cover  and  include 
revenue  arising  from  this  source.  Persons  residing  outside  of  any  such 
city  or  town,  and  electing  to  be  transferred  to  such  frown  or  city  for  edu- 
cational purposes,  or  who  shall  send  their  children  to  the  school  taught 
in  any  such  building,  shall,  with  their  property,  be  liable  to  such  tax, 
as  if  they  resided  in  such  city  or  town,  on  all  property  owned  by  said 
person  in  the  township  where  such  city  or  town  is  located:  Provitlxl, 
always,  That  nothing  in  this  act  shall  be  construed  to  prevent  the  School 
Trustees  of  such  town  or  city  from  admitting  pupils  into  such  schools 
from  outvie  such  city  or  town,  in  their  discretion,  upon  the  payment  of 
tuition  therefor,  and  without  sul>jcctin<:  the  property  of  their  parents  to 
such  taxation,  when  such  schools  are  not  crowded  and  their  admission 
shall,  in  n->  way,  interfere  with  the  progress  of  the  children  within  such 
city  or  town  :  Provided,  further,  That  the  additional  special  tax,  hereby 


142  SCHOOL    LAW    OF   INDIANA. 

authorized,  shall  not,  in  any  one  year,  exceed  fifty  cents  on  any  one 
hundred  dollars  of  taxable  property  and  one  dollar  on  each  poll.     (3) 

1.  SECTION  CONSTITUTIONAL.     The  provision  subjecting  to  this  tax  persons 
residing  outside  the  town  or  city,  who,  though  not  transferred,  send  to  the  school 
in  the  building  for  which  the  bonds  were  issued,  is  not  unconstitutional.     Kent  v. 
Kentland,  62  Ind.  291. 

2.  LEVY  AND  COLLECTION.     The  tax  is  to  be  "  levied"  as  other  taxes  of  such 
city  or  town  are  levied,  and  "assessed  and  collected"  as  State  and  county  reve- 
nue are  assessed  and  collected.     I  think,  under  this  law,  the  levy  should  be  made 
and  certified  by  the  municipal  authorities,  and  placed  upon  the  county  duplicate 
for  collection.     I  come  to  this  conclusion  because,  by  the  act  of  1867,  Trustees  of 
civil  townships,  Trustees  of  towns,  and  the  Common  Councils  of  cities,  are  au- 
thorized to  levy  a  special  tuition  tax,  "  which  tax  shall  be  assessed  and  collected 
as  the  taxes  for  State  and  county  revenue  are  assessed  and  collected."     ($4469.) 
This  tax  must  be  collected,  it  would  seem,  by  the  County  Treasurer,  as  Trustees  of 
civil  townships  do  not.  collect  revenue,  and  such  has  been  the  uniform  practice. 
The  act  under  consideration,  using  the  same  language,  and  having  been  passed 
after  the  construction  mentioned  had  been  placed  on  the  act  of  1867,  I  think  it 
should  be  held  that  the  act  of  1873  required  the  tax  to  be  collected  by  the  County 
Treasurer.  —  Woollen,  Atty-  Gen. 

3.  LEVY  OBLIGATORY.     It  is  the  duty  of  Trustees  to  levy  annually  a  special 
additional  tax  sufficient  to  pay  the  interest  and  principal   of  bonds   issued  for 
school  buildings  and  falling  due,  and  where  it  appears  that  they  have  failed,  neg- 
lected and  refused  to  discharge  their  statutory  duty,  a  writ  of  mandate  is  the 
proper  legal  remedy.     Gardner  v.  Haney,  86  Ind.  17. 

4.  ADMITTING  NON-RESIDENTS  TO  SCHOOLS.     The  proviso  that  this  statute 
shall  not  prevent  the  admission  to  the  particular  schools  in  question  of  children 
residing  outside  the  corporation,  on  payment  of  tuition,  recognizes  and  by  impli- 
cation authorizes  the  custom  of  admitting  such  pupils  to  all  the  schools.     The 
rights  of   the  children  of  the  corporation  must  always  be  considered  first,  and 
must  never  be  sacrificed  for  the  sake  of  the  tuition  money  of  non-residents. — Hoi- 
combe,  Supt. 

5.  TAXING  PERSONS  TRANSFERRED.     If  a  person  is  transferred  to  a  school 
corporation  for  school  purposes  after  such  corporation  has  issued  bonds  to  build 
school  houses,  such  person  and  his  property  situated  outside  such  corporation  may 
be  taxed  to  pay  off  such  bonds. — LaFollette,  Supt. 

6.  PROPERTY  SUBJECT  TO  TAXATION  WHETHER  TRANSFERRED  OR  NOT  IF 
CHILDREN  ARE  SENT  TO  SCHOOL.     Having  voluntarily  enjoyed  the  benefits  of  the 
adjoining  school  by  sending  his  children  there  to  be  taught,  we  think  he  is  bound 
to  pay  the  tax,  whether  he  caused  himself  to  be  transferred  to  such  adjoining  dis- 
trict for  educational  purposes  or  not.     The  fact  that  he  failed  to  have  himself  so 
transferred  can  not  affect  the  law  by  which  he  made  himself  liable  to  taxation  by 
sending  his  children  to  be  taught  at  the  adjoining  school ;  and  he  can  not  avoid 
the  payment  of  the  tax  by  merely  failing  to  be  transferred  for  educational  pur- 
poses.    62  Ind.  291. 

7.  Property  of  transferred  person  or  persons  who  take  advantage  of   the 
schools  subject  to  this  tax.     62  Ind.  271. 

8.  See  sections  4467,  4468,  4473,  4474  and  4488  and  notes. 


SCHOOL     LAW     i  iF     INDI  \NA. 
[1879,  S.  p.  76.    Approved  and  in  force  March  20,1879.] 

4491.  Condition  before  building.     Before   the   School  Trustees 
)f  any  incorporated  town  or  city  in  this  State  shall  purchase  any  ground 

for  school  purposes,  or  enter  into  any  contract  for  the  building  of  any 
school  building  or  buildings,  they  shall  file  a  statement  with  the  Trust- 
ees of  such  incorporated  town,  or  Common  Council  of  such  city,  show- 
ing the  necessity  for  such  purchase  of  ground,  or  the  erection  of  such 
bui'ding  or  buildings,  together  with  an  estimate  of  the  cost  of  such 
ground  or  building  or  buildings,  and  the  amount  of  means  necessary  to 
be  provided  to  pay  for  such  ground  or  building  or  buildings.  And  they 
shall  not  purchase  any  ground,  or  enter  into  any  contract  for  the  build- 
ing of  any  school  building  or  buildings,  until  such  action  be  approved 
by  the  Trustees  of  such  incorporated  town,  or  by  the  Common  Council 
of  such  city :  Provided,  Jiowever,  That  there  shall  be  nothing  in  this  act 
so  construed  as  to  affect  any  purchase  of  grounds,  or  contract  made  for 
the  erection  of  any  building  or  buildings,  for  school  purposes,  prior  to 
the  taking  effect  of  this  act.  (1) 

[1879,  S.,  p.  95.    Approved  March  31, 1879,  and  in  force  May  31, 1879.] 

4492.  Surplus  special  school  revenue.    It  shall  be  the  duty  of 
the   Hoard' of  School  Trustees  of  any  city  or  incorporated  town  in  this 
State  to  pay  over  to  the  Common  Council  or  Board  of  School  Trustees 
of  such  city  or  towiPany  surplus  special  school  revenue  in  the  hands  of 
such  School  Trustees,   not  necessary  to  meet  current  expenses;  such 
excess  of  the  revenue  aforesaid  to  be  applied  for  the  payment  of  the 
interest  or  principal,  or  both,  of  any  indebtedness  incurred  under  the 
provisions  of  the  act  of  March  8,  1873,  authorizing  cities  and  incorpo- 
rated towns  to  negotiate  and  sell  bonds  to  procure  means  to  erect  and 
complete  unfinished  school  buildings,  and  to  purchase  any  ground  and 
building  for  school  purposes,  and  to  pay  debts  contracted  for  the  erection 
and  purchase  of  buildings  and  grounds.     (!)• 

[1889,  p.  101.     Approved  and  in  force  March  5, 1889.] 

4492a.     Bonds  in  cities.     Hoards  of  School  Commissioners  in  all 

cities  of  this  Mate  having  thirty  thousand,  or  more,  inhabitants,  accord- 
ing to  the  Tnited  States  census  for  the  year  eighteeen  hundred  and  sev- 
enty, are  hereby  authori/.ed  to  prepare,  issue  and  sell  bonds  to  secure 
loans  not  exceeding  in  the  airgn-Lrate.  at  any  one  time,  the  sum  of  two 
hundred  and  fifty  thousand  dollars,  in  anticipation  of  the  revenue,  for 
purchasing  ground-  and  building  school  houses,  to  bear  such  rate  of 
interest,  not  exceeding  six  per  cent,  per  annum,  and  payable  at  such 


144 


SCHOOL    LAW   OF    INDIANA. 


time  within  ten  years  from  date,  as  the  Board  may  determine ;  and  the 
money  obtained  as  a  loan  on  any  such  bonds  shall  be  disbursed  by  the 
order  of  said  Board  in  payment  of  indebtedness  incurred  in  the  purchas- 
ing of  grounds,  or  building  of  school  houses,  or  in  refunding  any  bonds 
or  other  evidence  of  indebtedness  issued  for  such  purpose.  Such  bonds 
may  be  issued  in  such  denominations  and  in  such  sums  as  the  Board  of 
School  Commissioners  may  deem  to  be  expedient :  Provided,  That  at  no 
time  shall  the  amount  of  such  bonds  so  issued  by  any  such  Board  of 
School  Commissioners,  then  outstanding,  exceed  said  sum  of  two  hundred 
and  fifty  thousand  dollars :  And,  provided  furtJier,  That  such  bonds 
shall  not  be  sold  for  less  than  their  par  value.  (El.  Sup.,  sec.  1264.) 
(1) 


4492b.    Laws  repealed. 

herewith  are  hereby  repealed. 


All  laws  and  parts  of  laws  inconsistent 
(El.  Sup.,  sec.  1265.)     (2) 


ARTICLE  VII— SCHOOLS  AND  SCHOOL-HOUSES. 


•     [1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4493.     Bible.     The  Bible  shall  not  be  excluded  from  the  public 
schools  of  the  State.     (167)  • 

1.  NOTE.     The  Bible,  without  note  or  comment,  is  installed  in  the  common 
schools  of  Indiana.     Its  continuance  as  the  moral  class  book  in  these  nurseries  of 
her  future  citizens  will  as  surely  mark  the  period  of  her  prosperity  and  grace  the. 
zenith  of  her  glory,  as  its  exclusion  would  prove  the  precursor  of  her  decline,  the 
herald  of  .her  shame. — Mills,  Supt. 

2.  TEACHER  INDEPENDENT.     Neither  the  Examiner  nor  the  Trustee  should 
ever   inquire  into  the  peculiar  religious  belief   of  a  teacher,  yet  an  Examiner 
should  not  license  an  immoral  person,  nor  one  who  is  a  scoffer  at  the  teachings  of 
the  Bible  and  things  sacred. — Fletcher,  Supt. 

Our  law,  therefore,  wisely  leaves  the  whole  matter  of  Bible  reading  and 
prayers  with  the  good  judgment  and  conscience  of  the  teachers.  To  obligate 
them  by  contract  to  read  the  sacred  Scriptures  and  hold  prayers  in  their  schools 
would  be  in  exceedingly  bad  taste,  if  not  sacrilegious;  to  refuse  them  the  right, 
when  they,  in  good  faith  and  conscience,  desire  to  do  so,  would  be  the  very  worst 
of  tyranny. — Hopkins,  Supt. 

3.  DEVOTIONAL  EXERCISES  CAN  NOT  BE  ENFORCED — You   ask  if  a  rule  of 
the  Board  requiring  "the  reading  of  the  Scriptures,  with  devotional  exercises," 
can  .be  enforced.     As  officers,  you  should  be  governed  by  the  Constitution  and 
statutes,  and  not  by  any  personal  views  you  may  hold.     It  is  true  the  statute  says: 
"The  Bible  shall  not  be  excluded  from  the  public  schools  of  the  State."     But  the 
State  Constitution  also  says : 


SCHOOL    LAW    ok'    INDIANA.  145 

)     "All  men  shall  be  secured  in  their  natural  right  to  worship  Almighty 
G  d  according  to  the  dictates  of  their  own  consciences."     Section  47. 

(2)  "No  law  shall,  in  any  case  whatever,  control  the  free  exercise  and  enjoy- 
m  nt  of  religious  opinions,  or  interfere  with  the  rights  of  conscience."     Section  48. 

(3)  "No  preference  shall  be  given,  by  law,  to  any  creed,  religious  society, 
O!  mode  of  worship;  and  no  man  shall  be  compelled  to  attend,  erect,  or  support 
ai  y  place  of  worship,   or  to  maintain  any   ministry  against  his  consent."     Sec- 
ti  >n  4'.'. 

(4)  "No  religious  te*t  shall  be  required  as  a  qualification  for  any  office  of 
ti  ist  or  profit."     Section  50. 

In  view  of  these  provisions  of  the  State  Constitution,  it  seems  that  the  only 
tl  ing  the  Legislature  intended  to  authorize  school  authorities  to  do  in  section 
4  '.».'{,  is  to  put  the  Bible  in  the  school  and  leave  the  use  of  it  to  the  good  judg- 
E  ent  and  conscience  of  the  teacher. 

l"nder  the  law  you  are  as  a  corporate  body  authorized  to  make  and  enforce 
a  1  reasonable  rules  (not  in  conflict  with  the  Constitution  or  statutes)  for  the  suc- 
c  ssful  conduct  of  the  business  entrusted  to  your  care.  The  statute  (section  4493) 
c  early  does  not  directly  authorize  such  a  rule,  and  I  think  it  does  not  authorize 
i  by  implication.  Such  a  rule  might  "interfere  with  the  rights  of  conscience" 
e  ther  of  the  teacher,  some  of  the  pupils  or  parents,  and  it  is,  therefore,  not  war- 
r  inted.  Clearly  the  statute  and  the  Constitution  authorize  the  reading  of  the 
]  ible,  and  prayer  in  the  public  schools,  but  it  should  be  done  by  choice  and  not 
Vv  compulsion;  and  when  done  it  should  be  done  in  such  a  discreet  way  as  not  to 
'  interfere  with  the  rights  of  conscience."  Complete  religious  liberty  is  what  the 
(  onstitutiou  guarantees  to  every  one,  and  this  is  what  should  be  aimed  at  by  the 
School  Board  and  the  tencher.  This  thought  is  aptly  expressed  in  the  Con^titu- 
t  on  of  Virginia  -"  It  is  the  mutual  duty  of  all  to  practice  Christian  forbearance, 

|)ve  and  charity  toward  each  other."  The  School  Board  should  practice  forbear- 
nee,  love  and  charity  toward  the  teacher,  the  pupils  and  parents.  The  opinion 
f  any  one,  in  connection  with  the  school,  of  whatever  religious  faith,  should  be 
espected  and  held  inviolate,  as  the  Board  would  have  its  own  opinions  respected.  — 
Sup*. 
4494.  I  niformity  as  to  time—Numbering.  All  schools  in  a 
own.-hip  shall  l»c  taught  an  equal  lemrth  of  time,  as  nearly  as  the  same 
;an  be  done,  without,  regard  to  the  diversity  in  the  number  of  pu- 
>ils  at  tin  several  schools,  or  the  cost  of  the  school;  and  each  of  said 
>ch<H>lrt  shall  be  numbered,  by  the  proper  Trustee,  as  School  No.  —  . 


1.     EQUALITY  OF  TERM.     All  the  schools  in  the  township  should,  if  possible, 
and  close  at  the  same  time.      The  law  does  not  iviiuire  that  an  equal  amount 
money  should  be  spent  in  each  di.-trict.      IMMerences  in  the  number  of  scholars 
lay  require  different  prices  to  bu  paid  for  teachini:  difl'rrent  schools,  but  all  must 
taught  an  equal  length  of   time.--    L<irr<tf><  r,  Su/>t. 

Th.-  >tatute  only  requires  the  schools  in  the  townships  to  he  taught  an  equal 
rth  of  time,  as  nearly  a>  the  same  can  In-  done.  Harmony  Tp.  v.  Moore,  80 
Maloy  r.  Madgi-t.  17  Ind.  '241. 

10  —  SCHOOL  LAW. 


146  SCHOOL    LAW    OF    INDIANA. 

If  the  pupils  of  a  district,  where  the  school-house  has  been  burned,  have  been 
accommodated  at  other  school  districts,  the  money  may  be  distributed  in  the  town- 
ship, and  lengthen  each  of  the  schools  a  few  days.  If  the  children  can  not  be  so 
accommodated,  the  Trustee  may  hold  the  remainder  of  the  tuition  and  apply  it 
next  year  to  this  one  district. — LaFollette,  Supt.  But  see  section  4482  and  notes. 

2.  KEVENUE  NOT  APPORTIONED.     Under  the  late  law  [of  1855]  the  Director 
employed  the  teacher.     To  enable  him  to  do  this,  the  Trustee  was  required  to  ap- 
portion the  school  revenue  of  his  township  to  the  several  schools  thereof  in  such  a 
manner  as  to  produce,  as  nearly  as  practicable,  equality  in  the  length  of   the 
schools.     Under  the  present  law  the  Trustee  can  not  apportion  the  money  so  as  to 
produce  this  equality  before  the  beginning  of  the  schools,  when  he  will  know  the 
cost  of  each,  and  can  determine  the  term  for  which  they  can  be  taught  for  the 
money  on  hand. — Fletcher,  Supt. 

3.  See  24499,  note  3. 

4495.     Calendar.     A  school   term  of  three  months  shall  be  sixty 
days,  a  school  month  twenty  days,  and  a  school  week  five  days.     (163) 


[1877,  p.  124.    Approved  and  in  force  March  5, 1877.] 

4490.  Colored  children.  The  Trustee  or  Trustees  of  such  town- 
ship, town  or  city  may  organize  the  colored  children  into  separate  schools 
of  the  township,  town  or  city,  having  all  the  rights,  privileges  and  ad- 
vantages of  all  other  schools  of  the  township,  town  or  city :  Provided, 
That  in  case  there  may  not  be  provided  separate  schools  for  the  colored 
children,  then  such  colored  children  shall  be  allowed  to  attend  the  pub- 
lic schools  with  white  children  :  Provided,  further.  That  when  any  child 
attending  such  colored  school  shall,  on  examination  and  certificate  of  his 
or  her  teacher,  show  to  the  Trustee  or  Trustees  of  any  township,  town 
or  city,  that  he  or  she  has  made  sufficient  advancement  to  be  placed  in  a 
higher  grade  than  that  afforded  by  such  colored  school,  he  or  she  shall 
be  entitled  to  enter  the  school  provided  for  white  children  of  a  like  grade, 
and  no  distinction  shall  therein  be  made  on  account  of  race  or  color  of 
such  colored  child.  (3) 

1.  STATE'S  POWER — SEPARATE  SCHOOLS.  The  system  of  common  schools  in 
this  State  has  its  origin  in,  and  is  provided  for  by,  the  Constitution  and  laws  of  the 
State.  It  is  purely  a  domestic  institution,  and  subject  to  the  exclusive  control  of 
the  constituted  authorities  of  the  State.  The  Federal  Constitution  does  not  provide 
for  any  general  system  of  education  to  be  conducted  and  controlled  by  the  Federal 
government,  nor  does  it  vest  in  the  Congress  any  power  to  exercise  a  general  or 
special  supervision  over  the  States  on  the  subject  of  education.  The  classification 
of  pupils  on  the  basis  of  race  or  color,  and  their  education  in  separate  schools, 
involve  questions  of  domestic  policy  which  are  within  the  legislative  discretion  and 
control,  and  does  not  amount  to  an  exclusion  of  either  class  ;  but  since  the  ratifica- 
tion of  the  fourteenth  amendment  of  the  Federal  Constitution,  no  system  of  schools 


SCHOOL    LAW    OF    INDIANA. 


147 


Id  be  general,  uniform,  and  equally  open  to  all,  as  required  by  our  own  (  (in- 
stitution (#182),  which  did  not  provide  for  the  education  of  the  colored  children. 
Corey  r.  Carter,  48  Ind.  327;  Stater.  Gray.  '.»:;  Ind.  :'>"'.'>;  see  Lewis  r.  Henley,  2 
Ind. 

±  IM-TAN"  i:  MI-ST  HK  ii  KAs«  >x  AISLE.  The  Legislature  evidently  intended  by 
the  above  section  that  the  colored  children  should  have  a  right  to  go  to  the  public 
schools  when  in  operation,  if  they  desired  ;  and  that  they  should  go  to  separate 
schools  when  they  were  reasonably  convenient,  but  when  not  convenient,  then  to 
the  white  schools.  What  is  reasonable,  under  the  circumstances.  is  largely  with 
the  Trustee,  and  I  could  lay  down  no  certain  rule  by  which  he  should  be  governed. 
The  colored  child  could  be  required  to  go  a  reasonable  distance  to  attend  a  colored 
school,  although  there  might  be  white  schools  much  closer,  but  when  the  reasonable 
distance  has  been  reached,  he  can  not  be  forced  to  go  beyond. —  Woollen,  Atty-Gen. 

A  pupil  who  is  compelled  to  go  from  the  extreme  corner  of  a  township  to  the 
center  of  that  township  to  obtain  school  privileges,  is  practically  debarred  from 
such  privileges.  Such  a  construction  of  the  above  act  is  evidently  in  accordance 
with  neither  the  spirit  nor  the  letter  of  the  law.  Hence,  I  must  conclude  that  it  is 
the  intent  of  the  law  that  not  only  a  school  or  schools  must  be  provided,  but  that 
such  school  must  be  located  that  the  distance  such  colored  pupil  must  travel  to 
reach  it  <hall  not  be  unreasonable,  and  that,  in  case  this  is  not  done,  the  colored 
children  niii-t  be  admitted  to  the  white  schools.  In  determining  the  reasonableness 
of  the  distance  which  a  pupil  may  be  compelled  to  travel  to  school,  the  age  and 
condition  of  the  pupil  mint  lie  taken  into  consideration.  —  7>/oxx,  Supt. 

3.  PRIVILKUKS  EQUAL.     I  think  that  the  expression  "all  the  rights,  privileges 
and  advantages  of  other  schools,"  clearly  makes  it  the  duty  of  Trustees  to  furnish 
colored  children,  as  far  as  may  be  possible,  school  privileges  for  an  equal  length  of 
time  with  the  whites.     I  do  not  see  how  the  consent  of  the  colored  people  them- 
selve<  to  any  other  arrangement  can  relieve  the  Trustees  of  this  duty  to  the  colored 
children.     It  is  the  duty  of  the  State  to  give  them  equal  educational  advantages 
with  white  children,  whether  they  demand  them  or  not. — Holcombe,  Xii/it. 

4.  COMITI^ION.     The  Township  Trustee  will  not  be  required  by  mandate  to 
ildish   separate  schools  fj>r  colored  children,    unless   it    is  shown  to  be  practi- 
cable.     State  V.  (Jrubb.  S.">  Ind.  '21.°,;   State  0.  Cray,  '.M  Ind.  303. 

Si  I-AKATK  SCHOOLS  ri  KMITTED.     The  constitutionality  of  the  law  for  the 

iblislmiem  of  -eparate  schools  for  colored  and  white  children  is  settled.     The 

discretion  given  to  school  oflicers  to  (  stahli-h  separate  schools  for  colored  children 

can  not  be  controlled  by  the  courts,  in  the  absence  of  malice  or  corruption,  nor  can 

the  courts  compel  the  admi<sii.n  of  a  child  to  a  school  already  overcrowded,  nor 

consider  the   competency  of   teacher-,    or   the    necessity  of   the   graded   schools,  nor 

determine  the  grade  to  which  a  child  is  qualified  to  be  admitted.     State  v.  Gray, 

Ind.  303. 

[18*1  S.,  p.  580.    Approved  and  in  force  April  7, 1881.] 

4496il.  Indigent  children.  It  shall  be  the  duty  of  each  matron 
M-lectrd  ;ind  appointed  under  the  provisions  of  this  act  to  provide  the 
children  committed  to  ber  cure  and  custody  with  suitable  and  sufficient 
food  and  cl<>thinir,  and  t«>  irive  them  proper  home  traininir  and  education  ; 
and,  in  furtherance  of  this  object,  she  shall  seed  to  the  common  schools 


148  SCHOOL    LAW    OF    INDIANA. 

in  the  districts  most  convenient  to  the  place  where  such  children  are 
kept,  where  they  shall  be  received  and  taught  at  least  three  months  in 
each  year,  all  of  such  children  under  her  care  as  are  of  the  proper  age 
.to  be  admitted  into  such  schools,  and  to  give  personal  attention  to  the 
instruction  of  those  not  of  sufficient  age  to  be  received  into  such  schools. 
It  shall  further  be  her  duty,  at  all  proper  times  when  such  children  are 
not  in  school,  nor  engaged  in -study,  to  engage  them  in  some  active 
labor  suited  to  their  age  and  strength,  to  the  end  that  they  may  become 
useful,  industrious  and  self-supporting  citizens.  (3) 

1.  SCHOOL  PRIVILEGES — ENUMERATION.  Such  children  are  entitled  to  school 
privileges  in  the  corporation  in  which  the  statute  ($6106  B.  S.)  establishes  their 
home,  and  should  be  enumerated  accordingly. — Holcombe,  Supt. 


[1885,  p.  251.    Approved  April  2, 1885,  and  in  force  July  18, 1885.] 

4496b.  Appropriations  tor  indigent  children.  The  Boards  of 
Commissioners  in  the  several  counties  of  this  State  are  hereby  author- 
ized to  make  suitable  appropriations  for  the  education,  in  the  common 
school  branches  of  learning,  of  the  pauper  children  of  their  respective 
counties  whenever,  in  the  jndgment  of  the  Board  of  Commissioners, 
justice  to  the  school  district  or  districts  wherein  such  pauper  children 
are  kept  demands  such  assistance ;  and  all  expenditures  authorized  by 
this  act,  shall  be  made  aud  paid  out  of  the  County  Treasury,  on  war- 
rants drawn  by  the  Auditor  on  the  order  of  the  Board  of  Commission- 
ers :  Provided,  That  where  there  is  no  provision  for  a  matron,  or  an  in- 
sufficient number  of  children  to  require  the  services  of  a  matron,  or  the 
establishment  of  a  separate  school  for  the  inmates  of  such  asylums,  it 
shall  be  the  duty  of  the  Board  of  Commissioners  to  require  the  Super- 
intendent of  such  asylum  to  send  such  children  to  the  township  schools. 

1.  NOTE.  Section  4496a  requires  the  matron,  whenever  such  a  person  is 
employed,  to  send  all  the  indigent  children  of  school  age  who  are  in  her  charge 
to  the  common  schools  in  the  district  most  convenient.  This  additional  section 
requires  the  Superintendent  of  the  County  Asylum  to  send  such  children  to  school 
in  like  manner.  All  the  indigent  children  maintained  by  the  county  are  thug 
assigned  to  the  public  schools.  They  should,  therefore,  be  enumerated  by  the 
school  corporation  in  which  they  are  maintained,  so  that  the  corporation  may 
receive  the  amount  of  common  school  revenue  apportioned  for  them  by  the  County 
Auditor.  But  as  such  children  represent  no  property  from  which  the  corporation 
may  derive  any  revenue  from  local  taxation,  the  County  Commissioners  are  em- 
powered, and  it  is  their  duty,  to  appropriate  such  amounts  as  may  seem  to  them 
just  for  the  share  of  such  children  in  the  special  school  and  local  tuition  revenues. 
— Holcombe,  Supt. 


SCHOOL    LAW    OF    INDIANA. 


149 


J,  S.t  p.  40.    Approved  May  5,  isrt.i.  and  in  force  August  16, 1869.] 

Branches  taught.  The  common  schools  of  the  State  shall 
be  taught  in  the  English  language ;  and  the  Trustee  shall  provide  to 
have  taught  in  them  orthography,  reading,  writing,  arithmetic,  geog- 
raphy, English  grammar,  physiology,  history  of  the  United  States,  and 
good  behavior,  and  such  other  branches  of  learning  and  other  language* 
as  the  advancement  of  the  pupils  may  require  and  the  Trustees  from 
time  to  time  direct.  And  whenever  the  parents  or  guardians  of  twenty- 
five  or  more  children  in  attendance  at  any  school  of  a  township,  town 
or  city  shall  so  demand,  it  shall  be  the  duty  of  the  School  Trustee  or 
Trustees  of  said  township,  town  or  city  to  procure  efficient  teachers  and 
introduce  the  German  language,  as  a  branch  of  study,  in  such  schools ; 
and  the  tuition  in  said  schools  shall  be  without  charge :  Provided,  Such 
demand  is  made  before  the  teacher  for  said  district  is  employed.  (147) 

1.  'a  ni'TY — MANDATE.  In  a  Circuit  Court  the  plaintiff  asked  for  a 

writ  of  mandate  to  compel  the  defendants  to  have  their  children  taught  algebra 
and  Latin  in  an  ordinary  district  school.  The  court  issued  the  mandate  in  regard 
to  algebra,  and  refused  it  in  regard  to  Latin,  solely  on  the  ground  that  the  plaint- 
iils  had  not  made  a  suitable  demand  on  the  Trustee  in  regard  to  that  study,  hold- 
ing that  it  was  his  duty  to  cause  Latin  to  be  taught,  if  the  attainments  of  the 
pupils  required  it,  and  that  he  could  be  compelled  to  do  so  by  suitable  proceed- 
The  court  argued  that  sections  44U7  and  4499  were  not  inconsistent  with 
each  other.  The  intent  of  the  Legislature  was  that  "  other  branches  of  learning 
and  other  language*"  should  be  taught  in  the  public  schools  whenever  the  pupils 
therein  wen  sutlicicntly  advanced  in  the  elementary  branches,  and  in  order  that 
the  legislative  intent  might  be  made  effective  two  modes  of  acting  were  provided 
for:  '1  The  voters  were  empowered  to  act  But,  lest  from  any  cause  they 
failed  in  their  duty  ami  left  those  entitled  to  the  benefits  of  the  public  schools 
without  a  remedy,  then  ("2:  the  School  Trustee  shall  act,  and,  they  being  public 
officers,  could  be  compelled  by  the  courts  to  perform  their  duty  in  case  they  neg- 
i  to  do  the  same.  Gruhbs  r.  Williams,  Johnson  Co.,  1880. 

•J.  AI.LI  i -I.INAL  sTrniEs.  It  has  been  asked  whether  it  is  the  duty  of  School 
Trustee-  to  provide  a  course  of  study  adapted  to  the  preparation  of  pupils  for  col- 
The  question  should  be  answered  in  the  affirmative.  It  is  fair  to  assume 
that  the  Tru-tce>  11111*1  provide  suitable  instruction  for  ail  the  children  who  have 
a  right  to  attend  school;  that  is,  they  must  atlord  them  inch  instruction  as  their 
attainments  demand.  If  a  child  ha<  master**!  all  the  primary  branches,  and  being 
le.-s  than  twenty-one  yxars  of  a  ire.  still  desires  to  attend  schools,  the  Trustees  must 
provide  suitable  instruction  for  him.  It  is  not  reasonable  to  expect  him  to  spend 
further  time  on  branches  which  he  has  mastered.  The  fact  that  the  law  permits 
children  to  attend  school  until  they  are  twenty-one  years  of  age  is  presumptive 
proof  that  the  Trustee-  may  be  required  to  furnish  such  instruction  as  is  suitable 
to  their  attainments  till  they  reach  that  a  ire.  I  think  the  argument  here  adduced 
equally  applicable  to  Trustees  in  cities  a>-  to  those  in  townships,  as  the  language 
of  the  statute  applies  to  both  alike. — Smart,  Supt. 


150  SCHOOL    LAW    OF   INDIANA. 

3.  ORDER  OF  STUDIES.     The  school  law  provides  that  instruction  shall  be 
imparted  in  certain  studies,  the  German  language  under  certain  circumstances 
being  included  in  the  list.     The  time  at  which  these  studies  shall  be  commenced, 
the  order  in  which  they  shall  be  taken  up,  and  the  length  of  time  devoted  to  each, 
are  matters  which  are  and  must  be  left  to  the  Trustees  or  School  Board.    It  is  their 
duty  to  act  upon  a  regular  petition,  but  to  act  in  the  way  which,  in  their  discre- 
tion, seems  most  practicable. — Holcombe,  Supt. 

4.  TEACHER'S  CONTRACT.    If  the  Trustee  had  employed  a  teacher  for  the  term, 
or  school  year,  before  the  patrons  of  the  district  petitioned  him  to  have  the  Ger- 
man language  taught  in  the  school,  then  he  was  justified  in  paying  no  attention  to 
their  petition. — Baldwin,  Atty-Gen. 

5.  GERMAN  A  BRANCH  OF  STUDY.     The  plain  requirement  of  the  law  is  that 
the  common  schools  shall  be  taught  in  English,  and  that  under  certain  circum- 
stances the  German  language  may  be  introduced  as  a  branch  of  study.     It  is  not 
contemplated  that  German  shall  be  used  as  the  medium  of  communication  and 
instruction  in  the  schools.     That  would  be  at  variance  with  the  purpose  of  our 
schools.     But  in  the  midst  of  a  dense  foreign  population  it  may  be  impossible  to 
conduct  a  school  in  English.     The  law  never  requires  the  impossible.     But  it  is 
the  duty  of  officials  and  citizens  to  conform  to  the  law  in  all  respects  as  nearly  as 
circumstances  permit.     Now,  the  German  children  of  Indiana  are  as  much  entitled 
to  school  privileges  as  any  others,    and  it   is  often  necessary  that  they  receive 
instruction  through  the  medium  of  their  native  language.     But  when  such  is  the 
case  the  teacher  should  be  required  to  teach  the  children  the  English  language  as 
rapidly  as  it  can  be  done,   and  to  change  the  language  of  the  school  as  soon  as 
possible  from  German  to  English,  making  the  latter  the  medium  of  communica- 
tion.    It  follows  that  no  person  should  be  employed  as  a  teacher  of  German  chil- 
dren who  is  not  able  to  pursue  this  course,  for  which  the  ability  to  speak  English 
is  essential.     Indeed,  so  important  is  a  thorough  knowledge  of  English  to  such 
teachers  that  they  ought  to  be  able  to  write  their  examination  in  that  language, 
and  there  is  no  reason  for  exempting  them  from  examination  in  any  of  the  eight 
branches. — Holcombe,  Supt. 

6.  Music.     The  Trustees  may  require  all  pupils  to  study  music,  to  provide 
themselves  with  a  certain  kind  of  music  books,  and  may  prohibit  the  attendance 
of  any  pupil   that  refuses  to  comply  with  such  requirement.     State  v.  Webber, 
108  Ind.  31. 

7.  LICENSE  FOR  TEACHERS  OF  SPECIAL  SUBJECTS.     When  a  teacher  is  em- 
ployed to  teach  special  subjects,  he  should*  be  examined  only  on  the  subjects  he  is 
required  to  teach. — Varies,  Supt. 

See  section  4425,  note  — . 

8.  STATUTE  CONSTRUED.     The  words  "any  school"  means  any  place  where  a 
public  school  is  taught,  with  its  complement  of  teachers  and  scholars.    127  Ind.  14. 

9.  GERMAN  MUST  BE  TAUGHT  WHEN  DEMAND  is  MADE.     Where  the  requisite 
demand  is  made  for  the  teaching  of  German  in  a  certain  school  of  the  city,  the 
requirement  of  the  statute  is  not  met  by  providing  that  the  language  shall  be 
taught  in  another  school  of  the  city  when  the  pupils  have  reached  a  certain  grade; 
but  it  must  be  taught  in  the  particular  school  where  the  demand  is  made.     And 
the  Board  can  not  set  up  a  lack  of  funds  as  an  excuse  for  their  refusal  to  intro- 
duce the  study  of  German,  where  it  appears  that  studies  not  named  in  the  statute 
as  required  studies  are  taught  at  an  expense  greater  than  would  be  necessary  for 


SCHOOL    LAW    OF    1MMANA. 


151 


the  teaching  of  German,      Board  of  School  Commissioners  of  the  city  of  Indian- 
apoli>  v.  State  ex  rd  Sander,  12U  Ind.  14;  S.  C.  %JS  N.  K.  Rep.  61. 

lu.     See  sections  4425,  4447a,  4447b,  4447c,  4447d,  4447e,  4447f,  4501,  4502 
and  notes. 


,  p.  3.    Approved  and  in  force  March  6,  1865.] 


4498.  Voters'  meeting— School  Director.  The  voters  shall 
meet,  annually,  on  the  first  Saturday  in  October,  and  elect  one  of  their 
number  Director  of  such  school;  who  shall,  before  entering  upon  duty, 
take  an  oath  faithfully  to  discharge  the  same.  The  Director  so  elected 
shall,  within  ten  days  after  said  election,  notify  the  Trustee  of  his  elec- 
tion ;  and,  in  case  of  failure  to  elect,  the  Trustee  shall  forthwith  appoint 
:i  Director  of  said  school.  But  any  Director  so  appointed  may  be  re- 
moved, upon  a  petition  of  three-fourths  of  the  persons  attached  to  said 
school  who  are  entitled  to  vote  at  school  meetings.  (25) 

1 .  VOTERS  AT  SCHOOL  MEETINGS.     Voters  at  the  school  meetings  of  a  district 
arc  all  tax  -paver-,  male  and  female,  except  married  women  and  minors,  who  have 
been  listed  as  parents,  guardians,  or  heads  of  families,  and  attached  to  such  district. 
Tax-payers  are  those  persons  who  are  liable  to  pay  taxes,  either  poll  or  upon  prop- 
erty.    Any  voter  at  the  school  meeting  [a  woman  if  unmarried]  is  eligible  to  the 
office  <>f  Director. — Buskirk,  Atty-Gen. 

Transferred  persons  are  voters  in  the  district  to  which  they  are  attached.     #4473. 
IVr-ons  who  have  moved  into  the  district  since  the  enumeration  are  voters. — 

Sup*, 

2.  THE  I  >i RECTOR.     The  selection  of  a  Director  should  be  a  matter  of  great 
care.     lie  receives  no  pay  ror  his  services,  and  should  therefore  be  one  whose  in- 

ise  of  education  would  lead  him  to  be  a  frequent  visitor  of  the 
school,  and  whose  knowledge  of  the  wants  of  the  school  room  is  such  that  he  will 
see  that  it  is  provided  with  all  that  will  add  to  the  comfort  and  convenience  of  the 
teach. -r  and  the  >cholars.— Fletcher,  .S'///</. 

If  the  person  elected  Director  refuses  to  serve,  the  old  Director  holds  over,  and 
if  he  refu-e  to  hold  over,  or  if  at  any  time  the  Director  dies  or  resigns,  a  meeting 
should  he  called  to  fill  the  vacancy.  (§4499.)  The  Trustee  can  fill  a  vacancy  only 
when  it  i^  eau-ed  by  failure  of  the  annual  mectin.tr  to  elect.  A  person  elected  can 
not  be  removed  upon  petition :  but  a  person  appointed  must  be  removed  when  the 
demand  is  properly  made. — J?/ow,  Siijif. 

i  Mi  i.  i  i:~  BLBCTED  ANI>  .U>I><IINTKI>.  It  is  only  elected  oflicers  that  hold 
until  their  <neccss<»rs  are  elected  and  qualified.  An  appointee  to  fill  a  vacancy 
can  only  -er\.  out  the  unexpired  term.  78  Mich.  635. 

\M>  AITA<  IIF.I).  To  be  "listed  a>  parents,  guardians  or  heads  of 
families"  means  that  the  Trustee  in  taking  the  enumeration  listed  them,  that  is, 
put  them  on  the  enumeration  list  or  report,  and  "  attached,"  that  is.  assigned  them 
to  a  certain  district  for  school  purposes. —  Varies,  Supt. 

6.  This  section  has  no  application  to  incorporated  towns  and  cities.  42  Ind. 
200. 


152  SCHOOL    LAW   OF   INDIANA. 

[1873,  p.  68.    Approved  and  in  force  March  8, 1873.] 

4499.  Other  meetings — Powers.  The  voters  at  school  meetings 
may  hold  other  school  meetings  at  any  time,  upon  the  call  of  the  Di- 
rector or  any  five  voters.  Five  days'  notice  shall  be  given  of  such  meet- 
ing, by  posting  notices  in  five  public  places  in  the  vicinity ;  but  no  meet- 
ing shall  be  illegal  for  want  of  such  notice,  in  the  absence  of  fraud  ;  and 
the  legality  of  such  proceedings,  if  called  in  question,  shall  be  deter- 
mined by  the  Trustee  of  the  township,  subject  to  an  appeal  to  the  County 
Superintendent,  whose  decision  shall  be  final.  Such  school  meetings 
shall  have  power  to  determine  what  branches,  in  addition  to  those  men- 
tioned in  section  thirty-four  of  this  act  [§4425],  they  desire  shall  be 
taught  in  such  school,  and  the  time  at  which  such  school  shall  be  taught : 
Provided,  however,  That  the  tuition  revenue  apportioned  to  the  school 
shall  be  expended,  within  the  school  year  for  which  it  was  apportioned : 
Provided,  further,  That  such  school  year  shall  begin  on  the  first  Monday 
of  July.  Such  school  meetings  shall  likewise  have  the  power  to  fill  va- 
cancies that  may  occur  in  the  office  of  Director ;  to  direct  such  repairs 
as  they  may  deem  necessary  in  their  school  house ;  to  petition  the  Town- 
ship Trustee  for  the  removal  of  their  school  house  to  a  more  convenient 
location,  for  the  erection  of  a  new  one,  or  the  sale  of  an  old  one  and  the 
lands  belonging  thereto,  and  upon  any  other  subject  connected  therewith ; 
and  at  such  meetings  all  tax-payers  of  the  district  shall  be  entitled  to 
vote,  except  married  women  and  minors :  Provided,  That  nothing 
herein  contained  shall  prevent  the  Trustee  from  exercising  a  sound  dis- 
cretion as  to  the  propriety  or  expediency  of  making  such  repairs,  re- 
moving or  erecting  school  houses,  and  the  cost  thereof.  (26) 

1.  SCHOOL  MEETINGS.     The  machinery  of  school  meetings  and  School  Di- 
rectors is  unprovided  for  and  unknown  in  cities  and  towns.     Crawfordsville  v. 
Hays,  42  Ind.  200. 

2.  On  determination  of  branches,  see  §4497  and  notes ;  on  filling  vacancies, 
see  §4498,  note  2. 

3.  APPORTIONMENT.     The  apportionment  here  mentioned  is  not  an  appor- 
tionment in  the  strict  sense  in  which  the  term  is  used  when  referring  to  that  made 
to  the  counties  by  the  Superintendent  of  Public  Instruction,  and  that  made  to 
cities,  towns  and  townships,  by  the  County  Auditor;   but  merely  means  an  in- 
formal estimate  by  the  Trustees  of  the  amount  of  money  needed  for  each  school 
or  district.     (§4494-2.)     A  district  is  not  a  corporation,  and  does  not  acquire  a 
right  to  any  definite  share  of  the  revenue,  which  belongs  to  the  township  as  a 
whole.     If,  therefore,  a  teacher  terminates  his  engagement  so  near  the  close  of  a 
term  that  it  is  inexpedient  to  employ  another  person  to  complete  the  term,  the 
money  designed  by  the  Trustee  for  that  school  remains  in  his  hands,  to  be  ap- 
plied to  the  payment  of  expenses  of  the  other  schools  in  his  corporation,  and  that 
part  of  it  derived  from  the  tuition  revenue  must  be  expended  within  the  school 
year. — Holcombe,  Supt. 


SCHOOL    LAW    OF    INDIANA. 


153 


LOCATION  OF  SCHOOL  HOUSE— APPEAL. — The  action  of  a  school  meeting 
with  reference  to  the  erection,  repair  or  removal  <if  a  school  house,  etc.,  has  only 
tin.'  force  of  a  request,  and,  therefore,  never  binds  the  Trustee  to  any  course  of 
action. — XiiHirt,  .V///>/. 

A  Township  Trustee  can  not,  by  mandate,  be  required  to  locate  and  build  a 
school  house  on  land  that  does  not  belong  to  the  township,  notwithstanding  the 
County  Examiner,  on  an  appeal  from  his  decision,  has  rendered  a  judgment  re- 
quiring him  to  erect  a  school  house  on  said  land.  It  is  not  enough  that  a  petition 
by  certain  inhabitants  of  the  proper  school  district  to  the  Trustee,  praying  for 
such  location  and  building,  states  that  the  land  will  be  deeded  to  the  township  on 
the  acceptance  of  the  location  by  the  Trustee  and  his  order  to  build.  Koontz  v. 
State.  44  Ind.  323.  See  .§4517-4519. 

5.  APPEAL — TRUSTEE'S  DISCRETION.     The  decision  of  the  Examiner  is,  doubt- 
le-».  final  so  far  as  the  particular  case  before  him  is  concerned.     But  when  the 
Examiner,  upon  a  case  appealed  to  him,  has  established  the  location  of  a  school 
house,  is  that  location  to  be  forever  thereafter  permanent?     Is  there  no  power  left 
in  the  Trustee,  for  it  must  be  in  him  if  in  anv  one,  to  subsequently  change  the  loca- 
tion, in  order  to  meet  the  varying  wants  of  the  district?     We  must  hold  that  the 
location  thus  made  by  the  Examiner  shall  forever  remain  unalterably  fixed,  or 
that  it  may  be  subsequently  changed  by  the  Trustee.     If  it  may  be  changed  by 
the  Trustee  at  all,  it  may  be  done  at  any  time  after  the  action  of  the  Examiner. 
Mere  lapse  of  time,  whether  long  or  short,  can  not  affect  the  question.     As  be- 
fore observed,  we  think  it  clear  that  the  Trustee  can  make  the  change. — Id.     See 
H687. 

On  appeal,  a  County  Superintendent  reversed  the  decision  of  the  Trustee,  lo- 
cating a  school  house.  Again,  on  appeal,  he  reversed  another  decision  by  such 
Trustee,  refusing  to  locate  the  school  house  at  a  place  designated  by  the  Superin- 
tendent in  his  first  reversal.  Thereupon  the  Trustee  located  the  house  at  an  en- 
tirely different  place,  but  near  (150  yards  from)  where  he  had  first  located  it. 
The  court  decided  that  he  could  not  be  prohibited  from  locating  the  school  house 
at  the  place  last  chosen,  and  that  the  County  Superintendent  can  not  make  the 
location,  and  that  his  decision  on  appeal  is  final  only  for  the  time.  State  v.  Me- 
whinney,  <>7  Ind.  397.  This  case  overrules  Trager  v.  State,  21  Ind.  317,  and 
State  r.  Custer,  11  Ind.  210,  on  this  point. 

6.  APPEAL — ABOLISHING  DISTRICT.     The  facts  in  this  case  were  that  the  legal 
voters  and  patrons  of  school  district  No.  10  held  a  meeting,  and  by  resolution  re- 
que-ted   the  Township  Trustee  t<>  fit  up  an  additional  school  room  and  procure  a 
teacher  for  said  room.     The  Trustee  declined  to  comply,  and  an  appeal  was  taken 
to  the  County  Superintendent,  who  reversed  the  Trustee's  decision.      This  action 
wrt^  by  mandate  to  compel  the  Trustee  to  comply  with   the  request.      The  Trustee 
answered  that  the  land  whereon  the  said  school  had  been  conducted  did  not  belong 
to  the  township,  but  was  individual  property,  which  had  not  been  leased  or  other- 
wise  >ecured  by  the  township:  that  -aid   district  never  had  a  school  building;  that 
other  schools  had  been  establi-hed,  and  an  arrangement  made  to  accommodate  the 
children  of    No.   K>.  which  had  been  al>oli-hed.      The  complaint  stated  no  cause  of 
action.      The  statutes  permit tin.L:  the  voter-  t<>  hold  -chool  meetings  and  direct  the 
repair^,  etc..  of  the   -chool    buildings   has  only   reference   to   public  schools.      The 
statute  has  no  reference  to   private  -choo'.s.  nor  to   private   buildings  of   any  kind 
not  leased  to  the  township  for  school   purpose.-.      Where  the  voters  direct  repairs 


154 


SCHOOL    LAW    OF   INDIANA. 


to  be  made  elsewhere  than  the  public  school  building,  the  Trustee  has  no  right  to 
obey,  and  the  decision  of  the  County  Superintendent  otherwise  is  a  nullity.  The 
Trustee  had  authority  to  abolish  No.  16  and  provide  other  educational  facili- 
ties for  the  children  thereof.  State  v.  Sherman,  90  Ind.  123;  Tufts  v.  State,  119 
Ind.  232.  But  see  note  9. 

7.  RIGHTS  OF  PUPIL  AFTER  GRADUATION  FROM  DISTRICT  COURSE  OF  STUDIES. 
When  a  pupil  has  graduated  from  the  common  school  course,  he  is  entitled  to  be 
taught  the  higher  branches  thereafter.     If  he  can  not  be  accommodated  in  the 
district  schools  by  vote  of  school  meeting,  as  provided  in  section  4499,  the  Trus- 
tee must  furnish  the  necessary  educational  advantages  elsewhere.     The  fact  that 
he  passed  the  requisite  examination  precludes  the  Trustee  from  questioning  his 
ability  to  profitably  pursue  the  higher  branches. 

A  similar  case  was  so  decided  in  Grubbs  v.  Williams,  in  the  Johnson  County 
Circuit  Court,  in  1880.—  Varies,  Supt. 

8.  TRUSTEE  MAY  ABOLISH  THE  DISTRICT.     The  Trustee  may  abolish  the  dis- 
trict and  rearrange  the  boundaries  of  others  so  as  to  accommodate  the  pupils  of 
the  abolished  district.     4  Blackf.  351. 

9.  DECISION  OF  COUNTY  SUPERINTENDENT  FINAL.      The  decision  of  the 
"County  Superintendent  is  final  as  to  the  location  selected  by  the  Trustee.     129 
Ind.  101.     See  notes  4,  5  and  6. 

10.  DIRECTOR'S  CERTIFICATE  OF  VOTE.     When  the  vote  is  certified  to  by  the 
director  it  becomes  operative.     63  Mich.  611 ;  78  Mich.  635 ;  59  Vt.  202. 

11.  NOTICE  is  JURISDICTIONAL.     Until  the  notices  provided  for  have  all  been 
given  and  posted  as  required,  giving  the  time,  place  and  purpose  of  the  meeting, 
the  meeting  will  be  illegal.     63  Mich.  611;  78  Mich.  635;  59  Vt.  202;  73  Mich. 
40.     See,  also,  15  R.  I.  446;  8  Atl.  Rep.  341;  21  Neb.  723;  33  N.  W.  Rep.  266. 

12.  PLURALITY  WILL  CONTROL.     In  this  country  it  is  generally  understood 
that,  in  the  absence  of  any  statutory  provision  expressly  requiring  more,  a  plu- 
rality of  the  votes  cast  will  elect.     78  Mich.  635;  73  Mich.  40;  40  N.  W.  Rep.  928; 
6  N.  Y.  Supl.  212;  53  Hun.  143;  41  Kan.  1;  71  Mich.  87;  38  N.  W.  Rep.  712; 
47  N.  J.  235. 

13.  See  sections  4498,  4499a  and  notes. 


[1893,  p.  17.    Approved  February  7,  and  in  force  May  18, 1893.] 

4499a.  Whenever  it  becomes  necessary  for  the  Trustee  of  any 
township  in  this  State  to  change  and  re-establish  the  site  of  any  school 
building  and  remove  said  building  to  a  new  site  and  location  therefor, 
such  Trustee  shall  first  present  to  the  County  Superintendent  of  Schools 
of  the  county  in  which  such  township  is  situated,  a  petition  setting  forth 
therein  the  place  and  particular  point  to  where  it  is  desired  to  change 
and  relocate  the  site  of  any  snch  building,  and  to  remove  the  same 
thereto,  together  with  a  brief  statement  of  the  purposes  and  reasons  for 
such  proposed  change  of  location  of  said  school  building,  and  upon  such 
petition  shall  first  procure  an  order  from  such  County  Superintendent, 
authorizing  him  to  change  the  site  and  location  of  such  school  building, 
and  remove  said  building  to  its  new  site  and  location ;  Provided,  That 


SCHOOL    LAW    OF    INDIANA. 


petition  shall  be  signed  by  said  Trustee  and  the  majority  of  the  pa- 
i  rons  of  the  school  where  said  building  is  located,  and  satisfactory  proof 
hall  be  made  to  said  County  Superintendent  that  the  persons  signing 
aid  petition  constitute  a  majority  of  the  patrons  of  said  school. 

4499b.  Before  such  County  Superintendent  shall  grant  such  order 
uch  Trustee  shall  make  and  file  with  said  Superintendent  his  affidavit 
hat  he  has  caused  notice  to  be  given  of  such  petition,  the  purposes 
hereof,  the  place  of  the  change  of  location  of  such  school  building,  and 
he  time  when  the  same  will  be  presented  to  the  said  County  Superin- 
,endent  by  posting  notices  in  not  less  than  five  public  places  in  his  town- 
ship, three  of  which  shall  be  in  the  immediate  neighborhood  from  where 
mch  school  building  is  to  be  removed,  at  least  twenty  days  prior  to  the 
ime  when  the  same  is  to  be  heard  by  said  County  Superintendent. 

4499c.  The  Trustee  of  any  township  in  this  State  violating  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  less  than  fifty  nor  more  than 
five  hundred  dollars. 

4499(1.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

[1865,  p.  3.    Approved  and  in  force  March  6,  1865.] 

4500.  Estimate  of  expenses.  When  such  meetings  shall  petition 
the  Trustee  in  regard  to  repairs,  removal,  or  erection  of  a  school  house, 
they  shall  also  furnish  to  such  Trustee  an  estimate  of  the  probable  cost 
of  such  repairs,  removal  or  erection.  (27) 

1.     PETITION  OF  PATRONS.     A  petition  for  the  location,  etc.,  of  a  school  house 
may  he  signed  and  presented  to  the  Trustee,  and  an  appeal  taken  therefrom, 
although  such  petition  did  not  originate,  nor  was  it  signed,  at  a  school  meeting. 
Trager  r.  State,  21  Ind.  317. 

[1891,  p.  111.    Approved  and  in  force  March  5,  1891.] 

4500a.     Doors  must  swing  outward.     Whoever,  being  the  owner, 

mairer.  les>ce,  trustee,  or  person  having  the  charge  of  any  theater, 
)pera-house,  museum,  college,  seminary,  church,  school  house,  or  other 
mhlic  huildinjr,  refuses  or  neglects  to  cause  all  the  doors  thereof,  con- 
tructed  for  the  purpose  of  ingress  and  egress,  whether  inner  or  outer 
loors,  to  be  so  hunir  that  tin-  same  shall  swiiiLT  outwardly,  shall  be  fined 
in  any  sum  not  exceeding  one  thousand  dollars  nor  less  than  ten  dollars, 

\vhieh  may  be  added  imprisonment  in  the  county  jail  for  any  period 
lot  exceed  in  <:  six  months:  /'/vr/r/,,/.  That  this  section  shall  not  apply 

the  outer  doors  of  one-story  churches  and  school  houses.     (243) 


156 


SCHOOL   LAW   OF   INDIANA. 


[1883,  p.  30.    Approved  February  27, 1883,  and  in  force  June  5, 1883.] 

4501.  Teachers,  employment  and  dismissal.  Trustees  shall  em- 
ploy no  person  to  teach  in  any  of  the  common  schools  of  the  State  of 
Indiana,  unless  such  person  shall  have  a  license  to  teach,  issued  from  the 
proper  State  or  county  authority,  and  in  full  force  at  the  date  of  the 
employment.  Any  teacher  who  shall  commence  teaching  any  such 
school  without  a  license,  shall  forfeit  all  claim  to  compensation  out  of 
the  school  revenue  for  tuition  for  the  time  he  or  she  teaches  without 
such  license ;  but  if  a  teacher's  license  shall  expire  by  its  own  limitation 
within  a  term  of  employment,  such  teacher  may  complete  such  term  of 
employment  within  the  then  current  year.  The  said  Trustee  shall  not 
employ  any  teacher  whom  a  majority  of  those  entitled  to  vote  at 
school  meetings  have  decided  at  any  regular  school  meeting,  they  do  not 
wish  employed ;  and  at  any  time  after  the  commencement  of  any  school, 
if  a  majority  of  such  voters  petition  such  Trustee  that  they  wish  the 
teacher  thereof  dismissed,  such  Trustee  shall  dismiss  such  teacher,  but 
only  upon  due  notice,  and  upon  good  cause  shown ;  but  such  teacher 
shall  be  entitled  to  pay  for  services  rendered.  (28) 

1.  LICENSE  ESSENTIAL.     A  valid  contract  for  the  teaching  of  a  public  school 
can  not  be  made  by  a  Trustee  with  one  who,  at  the  time,  has  no  license  to  teach  in 
the  county,  and  the  subsequent  procurement  of  a  license  does  not  validate  the  con- 
tract.    Butler  v.  Hains,  79  Ind.  575.     And  a  person  can  neither  recover  compensa- 
tion for  services  rendered  as  teacher,  nor  damages  for  breach  of  contract  for  such 
services,  unless  he  was  licensed  to  teach  as  prescribed  by  the  statutes.     Jackson 
Township  v.  Farlow,  75  Ind.  118.     See  also  Harrison  v.  Conrad.  26  id.  337,  and 
Putnam  v.  Irvington,  69  id.  80.     See  note  14. 

2.  LIABILITIES  OF  TRUSTEES.     If  a  Trustee  employes  or  permits  to  begin 
teaching  in  a  public  school  any  person  who  has  not  a  valid  license  as  required  by 
law,  the  Trustee  will  be  liable  on  his  bond  for  the  misapplication  of  any  school 
revenue  paid  to  such  unlicensed  person ;  and  the  County  Superintendent  or  any 
interested  citizen  may  bring  an  action  against  the  Trustee  to  recover  for  the  corpo- 
ration the  amount  so  misapplied. — Holcombe,  Supt.      See  note  15. 

If  the  father  or  guardian  of  a  minor  employed  to  teach  has  given  him  what 
is  properly  called  "  his  time,"  the  minor  can  sue  for  and  recover  the  value  of  his 
services,  and  the  Trustee  can  pay  him  the  money  earned  without  fear  of  having  to 
pay  it  to  such  father  or  guardian.  But  if  the  father  or  guardian  has  not  given 
him  "his  time,"  then  only  the  father  or  guardian  is  entitled  to  receive  pay  for  the 
services  rendered,  and  either  of  them  is  entitled  to  sue  for  the  same.  In  all  cases, 
before  payment  is  made,  require  the  father  or  guardian  to  give  a  receipt,  or  else 
require  him  to  consent  in  writing  to  the  payment  to  the  minor. — Baldwin,  Atty- 
Oen.  See  note  31. 

3.  TEACHERS'  CONTRACTS — ACTIONS.     A  teacher  contracts  with  a  school  town- 
ship through  its  Trustee,  and  although  the  Trustee  squanders  the  township  funds 
and  his  bond  is  worthless,  yet  the  township  is  liable  to  pay  the  teacher  as  specified 


in  the  contract.  A  verbal  contract  with  a  School  Trustee  to  teach  a  school  is 
as  binding  as  a  written  contract. — Baldwin,  Atty.-Gen. 

A  contract  to  teach  selm.il.  which  is  left  blank  in  respect  to  the  terms  of  em- 
ployment, and  contains  no  .stipulation  as  to  how  the  blanks  shall  thereafter  be 
filled  is  not  binding;  but  if  treated  as  a  contract  of  employment  for  an  indefinite 
time  the  damages  for  its  breach  would  be  nominal  only.  Atkins  r.  Van  Buren 
Township.  77  Ind.  447. 

The  fact  that  a  Trustee  has  no  funds  is  no  defense  to  a  teacher's  claim  for 
compensation,  nor  an  excuse  for  refusing  to  allow  him  to  complete  his  term  of  em- 
ployment. Harmony  Township  r.  Moore,  80  Ind.  '27*'*. 

The  court,  after  a  failure  to  make  the  money  on  execution,  may  order  the 
judgment  in  favor  of  the  teacher  to  be  paid  out  of  the  school  funds  of  the  town- 
ship in  the  county  treasury.  Town  of  Milford  r.  Simpson,  11  Ind.  520. 

A  teacher  of  a  common  school  is  entitled  to  compensation,  if  failure  to  act- 
ually conduct  the  school  each  day  of  the  term  was  caused  by  the  act  or  omission 
of  the  school  authorities;  and  where  the  evidence  shows  that  a  strict  perform- 
ance by  the  teacher  of  the  conditions  of  the  contract  has  been  prevented  or  waived 
by  such  act  or  omission,  a  recovery  can  not  be  defeated  by  such  failure.  Charles- 
town  Township  r.  Hay,  74  Ind.  127. 

To  recover  for  his  services,  the  teacher  must  sue  the  school  township,  and  not 
the  civil  town>hip.  Harrison  Township  r.  McGregor,  67  Ind.  380. 

When  may  be  employed.  A  contract  made  by  the  School  Board  of  Trustees  of  a 
town  or  city  with  a  teacher  prior  to  the  annual  election  in  June  of  a  new  member 
of  i he  hoard  and  the  reorganization  required  by  statute,  for  services  to  be  per- 
formed after  the  election  of  such  member,  is  valid  and  binding  on  the  school  town 
or  city.  School  Town  of  Milford  r.  Zeigler,  27  N.  E.  Rep.  303 ;  Reubeltv.  School 
Town  of  Xol.lesville,  KM!  Ind.  478.  Amount  of  recovery,  see  $4449,  note  4. 
Sutli'-ieney  of  complaint,  see  School  Town  of  Rochester  r.  Shaw,  100  Ind.  268,  and 
Owen  School  Township  r.  Hay,  107  Ind.  351. 

Where  a  School  Board  in  session  passed,  and  entered  of  record,  an  order  em- 
ploying a  teacher  this  was  a  valid  employment,  and  the  subsequent  signing  by  the 
Trustee-  at  dilierent  times  can  not  affect  it.  School  Town  of  Milford  v.  Zeigler, 
27  N.  !•:.  Hep.  M<>:;.- 

The  licensing  of  a  minor  to  teach  in  our  public  schools  does  not  remove  his 
ability  to  bind  himself  by  a  contract  to  teach  school.  Any  contract  such  minor 
may  make  with  a  school  township  is  binding  upon  the  township,  and  such  minor 
may  sue  the  township  and  recover  the  value  of  his  services,  even  though  that 
amount  he  more  than  the  price  agreed  upon.  But  the  minor  is  not  bound  to  teach 
the  school  unless  he  >ee>  tit,  and  he  can  receive  pay  only  for  the  work  actually 
done. — Balflinn,  At/y-Gen.  See  2  above.  See  also  note  9.  For  term  of  employ- 
ment of  township  teacher  see  section  4'><»la.  See,  aNo,  note  31. 

4.  PROTEST  AGAINST  TEACHER.  A  protest  against  a  teacher  to  be  binding 
mu>t  be  made  at  a  school  meeting  regularly  called  and  conducted  according  In  law 
before  the  employment  of  the  teacher,  and  by  a  majority  of  all  the  persons  entitled 
to  vote  at  such  meeting,  not  merely  a  majority  of  tho-c  present.  The  persons  en- 
titled to  vote  at  the  school  meeting  of  a  district  are  all  tax-payers,  male  and  female, 
except  married  women  and  minors,  who  have  been  lifted  by  Trustees  as  parents, 
guardians  or  heads  of  families,  and  attached  to  such  district.  ($4498-1.)  The 
patrons  are  by  law  entitled  to  protest  against  the  employment  of  any  teacher.  It 


158 


SCHOOL    LAW    OF    INDIANA. 


is  the  Trustee's  duty  to  allow  them  an  opportunity  to  make  their  protest  in  the 
manner  provided  by  law,  and,  if  he  is  notified  that  a  school  meeting  will  be  called 
for  that  purpose,  any  contract  he  may  make  with  a  teacher  will  be  subject  to  the 
action  of  such  meeting.  Patrons  are  not  empowered  to  select  teachers  ($4444-2)' 
and  they  can  not  effect  a  selection  indirectly  by  protesting  against  all  the  world 
except  a  certain  person.  The  protest  must  name  definitely  the  person  or  persons 
against  whom  it  is  directed. — Hoicombe,  Supt. 

5.  DISMISSAL  OF  TEACHERS.     A  teacher  employed  for  a  definite  time  may  be 
discharged  for  incompetency ;  but  if  he  is  competent,  and  is,  in  all  things,  fulfill- 
ing his  contract,  he  can  not  be,  without  his  consent.     Crawfordsville  v.  Hays,  42 
Ind.  200.     But  when  the  teacher  is  improperly  discharged,  the  school  corporation, 
not  the  Trustees  personally,  is  liable.     Morrison  v.  McFarland,  51  Ind.  206  ;  But- 
ler v.  Haines,  79  Ind.  575. 

This  is  the  language  of  the  Supreme  Court,  and,  although  made  with  refer- 
ence to  a  city,  is  an  enunciation  of  the  common  law  principle,  and  is,  I  think,  ap- 
plicable to  the  case  of  dismissal  of  a  teacher  by  a  Township  Trustee,  without  a 
petition  from  the  patrons.  If  the  teacher  breaks  the  contract,  it  seems  to  me  that 
the  Trustee  should  not  be  bound  by  it.  The  law  requires  the  Trustee  to  investigate 
charges  made  against  a  teacher  by  a  majority  of  the  voters  of  the  district,  but  it  is 
held  that  he  may  investigate  charges  made  by  any  number  of  responsible  patrons. 
The  decision  of  the  Supreme  Court,  upon  an  analogous  question,  in  Thayer  v, 
State,  21  Ind.  317,  justifies  this  opinion. — Smart,  Supt. 

But  no  Trustee  should  ever  dismiss  a  teacher  without  first  giving  him  an  op- 
portunity to  be  heard  in  his  defense. —  Varies,  Supt. 

The  Trustee  should  investigate  the  truth  or  falsity  of  the  matter  alleged  for  the 
dismissal  of  a  teacher.  For  this  purpose  he  should  cause  the  parties — petitioners 
and  teacher — on  an  appointed  day  to  appear  before  him,  when  he  should  hear  the 
testimony  pro  and  con.  Any  of  the  causes  for  the  revocation  of  a  license  enumer- 
ated in  $4426,  is  likewise  good  cause  for  the  dismissal  of  a  teacher.  Peculiar  cir- 
cumstances may  sometimes  render  dismissal  proper  for  other  causes. — Bloss,  Supt. 

6.  HOLIDAYS.     The  Fourth  of  July,  Thanksgiving  Day,  Christmas,  and  New 
Year's,  are,  by  universal  consent  and  very  general  practice,  regarded  as  holidays 
in  this  country.     Employes  in  almost  all  kinds  of  business  are  excused  from  labor 
on  those  days  and  allowed  their  wages.     It  would  surely  be  very  unreasonable  to 
make  a  teacher  an  exception  to  this  general  rule. — Hopkins,  Supt. 

Recognized  holidays  can  not  be  deducted  from  the  time  for  which  a  school 
teacher  contracts  to  teach,  and  his  pay  reduced  accordingly.  He  is  entitled  to  pay 
for  such  days,  even  though  he  does  not  teach.  School  District  No.  4  v.  Gage,  39 
Mich.  484 ;  Holloway  v.  School  District,  62  Mich.  153.  See  note  38. 

7.  IN  CITIES  AND  TOWNS.     The  latter  part  of   this  section  (concerning  the 
power  of  school  meetings  and  the  employment  and  discharge  of  teachers)  has  no 
application  to  cities  and  incorporated  towns.     But  if,  in  such  cities  and  towns,  the 
teacher  be  incompetent,  or  fail  in  the  duties  of  teacher,  he  may  be  dismissed  by  the 
School  Trustees.     Crawfordsville  v.  Hays,  42  Ind.  200  ;  Putnam  v.  School  Town  of 
Irvington,  69  Ind.  80. 

8.  THE  CONTRACT — WHAT  CONSTITUTES  STIPULATIONS  OF.     The  variety  of 
stipulations  in  contracts  to  teach  in  this  State  led  the  Executive  Committee  of  the 
State  Teachers'  Association  of  1893  to  place  the  subject,  "What  constitutes  the 
legal  stipulations  of  a  contract  to  teach,"  on  the  program,  and  to  select  a  noted 


159 


attorney,  who  has  long  been  a  member  of  the  School  Board,  to  present  the  legal 
phases  df  the  >uhject  of  contract-.  Hun.  Kphraim  Marsh,  of  <  Ireenfield,  Ind., 
alter  several  week.-'  investigation,  presented  the  following  paper  to  the  officers' 
section  of  tin-  Association.  The  high  standing  of  Mr.  Marsh  before  the  bar  of  the 
Stair,  his  longserviee  as  a  school  trustee,  and  the  numerous  common  law  interpreta- 
tions in  adjudicated  cases  which  lie  cites,  gives  full  assurance  that  his  conclusions 
arc  -oimd. 

School  trustees  may  stand  in  the  way  of  progress  in  our  public  schools.  Some 
of  them  have  greatly  injured  the  schools  of  their  corporations  by  inserting  in 
their  contracts  to  teach  arbitrary,  illegal  and  vicious  clauses,  thus  driving  out  of 
their  corporations  the  most  worthy  and  progressive  teachers.  It  is  hoped  that,  by 
thi-  clear  statement  of  the  law  and  their  duties  in  this  regard,  there  will  be  fewer 
vicious  contract-  f«.i>ted  upon  the  teachers  of  the  State,  and  that  the  schools  will 
thereby  be  lifted  to  a  higher  plane. 

A  -tatute  requiring  the  publication  in  the  county  newspapers  of  all  contracts 
to  teach  would  disclose  not  only  an  unprogressive,  but  a  very  vicious  practice  in 
some  of  our  school  corporations. 

These  contracts  in  themselves  are  highly  educative.  The  people  have  a  vital 
interest  in  them.  Anything  that  is  contrary  to  public  policy  should  not  be  toler- 
ated in  a  public  contract. 

The  paper.  "The  question  is.  'What  constitutes  the  legal  stipulations  of  a 
contract  to  teach'?  In  the  discussion  of  a  question  like  this,  the  first  thing  to 
call  your  attention  to  is,  that  in  every  contract  there  must  be  the  coming  together 
of  two  or  more  minds.  In  a  teacher's  contract  it  is  the  school  corporation,  by  its 
officers,  and  the  teacher.  The  school  corporation  is  governed  by  the  laws  of  the 
State,  and,  in  making  a  contract  with  a  teacher,  the  laws  of  the  State  enter  into, 
and  become  a  part  of,  the  same.  See  Owen  School  Township  of  Clark  County  v. 
Hay.  in?  Ind.,  p.  361, 

•  It  i-  a  No  a  familiar  principle  of  the  law  of  contracts  that  that  which  is  re- 
pugnant or  contrary  to  law,  although  expressed  in  the  contract,  is  void.  Also 
anything  that  is  against  public  policy  or  vicious  in  its  tendencies.  With  these 
simple  rules  for  the  construction  of  a  contract,  a  school  officer  ought  not  to  have 
any  trouble  in  drafting  a  contract  with  a  teacher,  or  in  construing  one  already 
drafted,  and,  therefore,  the  only  stipulations  a  contract  should  contain  would  be 
the  -chool  term,  its  beginning  and  ending,  the  place  where  the  school  is  to  be 
taught,  and  the  wages  to  be  paid.  Anything  else  in  a  contract  is  surplusage,  and 
i-  very  likely  to  be  void;  and,  if  not  void,  may  lead  to  confusion  and  litigation. 
I  think  the-e  an-  the  le^al  stipulations  of  a  teachers'  contract,  and  these  only.  A 
school  teacher  is  a  ^ii<i*i  oilicer,  and,  when  he  contracts  with  the  proper  officer  to 
teach  school,  he  has  certain  ve-ted  rights  under  the  law.  which  can  not  be  abridged 
by  contract,  and  should  not  be  if  they  could,  and  any  limitations  placed  on  him 
contrary  to  law  are  void.  For  example,  Mich  as:  'We  re-erve  the  right  to  clo-e 
the  -chool  at  any  time  if  not  satisfactory.' 

"Such  a  stipulation  is  not  authorised,  and  is.  therefore,  void.  For  authority 
see  'Tripp  9.  School  District.  •"»<>  \Vis.,  p.  651.' 

Bo,  likewi-e,  would  be  all  similar  .stipulations,  such  ax  deductions  from  the 
wages  of  the  teacher,  for  legal  holiday-,  etc.  The  Supreme  Court  of  Michigan, 
in  Holli.way  r.  ( >L'den  School  District  No.  '.».  'JSth  N.  W..  7»J4 ;  ^2  Mich.  l~>:i. 
>ay- :  'The  compensation  of  a  teacher  can  not  be  affected  by  the  occurrence  of  a 


160 


SCHOOL    LAW    OF    INDIANA. 


legal  holiday.'  As  before  stated,  a  teacher,  under  the  law,  has  certain  vested 
rights,  which  can  not  be  taken  from  him.  For  instance,  where  the  school  house 
is  destroyed  by  fire  or  otherwise,  the  teacher  is  entitled  to  his  pay,  whether  he 
teaches  or  not,  if  the  school  corporation  fails  to  furnish  him  another  house. 
In  the  case  of  School  District  v.  Crews,  23  111.,  App.,  p.  367,  the  Court  says; 
1  Where  the  school  house  is  destroyed  by  fire,  and  the  School  Directors  fail  to  fur- 
nish another  room,  a  teacher  can  recover,  under  his  contract  to  teach,  for  five 
months,'  etc.  So,  also,  in  the  case  of  small-pox  or  other  epidemic,  where  the 
schools  have  to  close  on  account  thereof.  For  authority  see  Dewey  v.  Alpena 
School  District,  43  Mich.,  p.  480,  in  which  the  Court  says:  'A  public  teacher 
may  recover  wages  for  his  stipulated  term,  although  school  was  suspended  on  ac- 
count of  small-pox.'  So,  also,  would  a  stipulation  in  a  contract  be  void  that  a 
teacher  is  to  teach  during  the  pleasure  of  the  School  Board,  etc.  For  authority, 
see  Scott  v.  Joint  School  District.  51  Wis.,  p.  554,  in  which  the  Court  says: 
'  Where  a  teacher  is  discharged  by  the  School  Board  before  the  close  of  the  term, 
the  district  will  be  liable  to  him  for  damage,  unless  he  did  not  properly  perform 
his  contract.' 

"Just  how  far  a  teacher  may  bind  himself  by  contract,  beyond  what  I  have 
already  given,  I  am  not  prepared  to  say,  as  the  tendencies  of  the  decisions  of  the 
courts  of  last  resort,  and  the  public  sentiment  on  the  question  of  the  common 
schools,  would  seem  to  me  not  to  warrant  school  officers  in  making  contracts  with 
public  school  teachers,  to  bind  them  to  do  or  not  to  do,  anything  not  clearly  de- 
fined by  law. 

"The  public  schools  of  Indiana  are  run  on  a  broad  gauge  system,  and  all  who 
are  connected  therewith  should  see  to  it  that  the  teachers  who  bear  the  heat  and 
burden  of  the  day  ought  not,  in  any  way,  to  be  handicapped  by  contracts,  which,  if 
not  in  direct  violation  of  law,  are  at  least  against  its  spirit,  and  the  liberal  tend- 
ency of  the  age  in  reference  to  our  common  schools. 

"  While  a  teacher's  contract  may  be  either  by  parole  or  in  writing,  yet,  it  should 
always  be  in  writing,  and  in  plain  and  unmistakable  terms,  and  ought  to  be  uni- 
form throughout  the  State,  and  I  would,  therefore,  suggest  that  the  Superintendent 
of -Public  Instruction  prepare  a  form  of  contract  in  conformity  to  the  law  of  the 
State,  as  I  am  informed  that  the  contracts  to  teach  school,  as  to  the  stipulations, 
are  as  numerous  almost  as  the  school  corporations,  and  contain  almost  every  va- 
riety of  stipulations  that  may  be  in  the  fertile  mind  of  the  school  officer,  binding 
the  teacher  to  do  and  perform  almost  everything  under  the  pains  and  penalties  of 
everything  except  the  death  penalty.  This  state  of  affairs  should  not  exist.  We 
should  elevate  the  teacher,  not  degrade  him.  He  is  doing  a  noble  work,  and  we 
should  assist  him  with  generous  laws  and  liberal  contracts. 

"In  conclusion,  I  will  say  that,  in  my  opinion,  the  legal  stipulations  of  the 
teacher's  contract  to  teach  school  are  those  clearly  defined  by  law,  and  anything 
in  addition  thereto  is  of  doubtful  propriety,  and  will  only  lead  to  confusion  and 
error." 

It  is  sincerely  hoped  that  the  doctrine  of  the  above  paper  will  be  followed  by 
every  School  Trustee  in  the  State. —  Varies,  Supt. 

9.  TRUSTEES  MUST  CONTRACT  AS  OFFICERS,,  AND  NOT  AS  INDIVIDUALS.  It 
must  be  remembered  that  School  Trustees  contract  as  officers,  and  not  as  individ- 
uals. They  are  permitted,  then,  to  make  such  contracts  as  the  law  creating  the 
office  of  School  Trustee  authorizes  them  to  make,  and  none  other.  They  can  not, 


SCHOOL    LAW    '»F    IMJIANA. 


161 


or  i 

± 


refore.  contract  with  a  teacher  as  they  might  with  a  farm  hand.  To  contract 
with  a  teacher  is  an  official  act,  and,  therefore,  such  a  contract  is  limited  by  the 
statute  creating  the  office.  They  may  contract  with  a  farm  hand  as  individuals, 
and  in  such  a  contract  they  are  not  limited  by  the  same  laws  as  when  they  contract 
as  otli<  ^<>jit. 

10.  Ai-i'KAL.      Upon  appeal  the  case  is  tried  de  novo,  upon  its  merits.     7  Ind. 
•JU7:   12   Ind.  566;  :».»  Ind.  333.     This  applies   to  appeals  to  the  County  Superin- 
tendent as  well  as  appeals  to  the  Circuit  Court. —  UonVs,  Xiifit. 

11.  PUBI.IC  OFFICERS— WHETHER  LIABLE  IN  DAMAGES  FOR  MISTAKE.     Pub- 
lic officers,  to  whom  matters  may  be  submitted  for  their  determination,  the  con- 
sideration of  which  requires  an  exercise  of  their  deliberative  judgments,  are  not 
answerable  in  damages  for  mere  errors  of  judgment,  unaccompanied  with  malice 
or  bad  faith.     !<:>  111.  263;  111  Ind.  47± 

1-J.      FAILURE  TO  PERFORM  DUTY  UNDER  CONTRACT.     Under  the  common  law- 
teacher  would  be  subject  to  discharge  if  he  failed  to  perform  his  duty  in  any 
aterial  point.     •"><»  Wis.  657. 

13.  AMOUNT  OF  DAMAGES  IN  CASE  OF  WRONGFUL  DISCHARGE  OF  TEACHER. 
When  a  teacher  is  discharged  without  cause,  he  may  recover  the  amount  of  his 

iccording  to  his  contract,  unless  he  could  have  procured  similar  employ- 
Hunt,  the  burden  of  proving  which  is  on  the  Board.  36  111.  App.  133.  See 
note  21. 

14.  UNLICENSED   PERSON    MAY   RECOVER   REASONABLE   WAGES — SUPERIN- 
TKN DENT'S  DUTY.     If  a  Trustee  permits  an  unlicensed  person  to  begin  teaching, 
and  pay.-  such  person  out  of  the  tuition  revenue,  the  amount  so  paid  may  be  re- 
covered by  any  person  interested.     County  Commissioners  should  allow  no  credit 
f<.r  money  so  paid.      Hut  a  person  so  permitted  to  teach  may  enforce  the  payment 
of  reasonable  compensation  from  the  Trustee  as  an  individual.     51   Ind.  206.     It 
is  the  County  Superintendent's  duty  to  see  that  tuition  revenue  wrongfully  paid  out 
i^  recovered. —  TV/'>-,  Xupt. 

1-").  CONTRACT  MUST  NOT  CONFLICT  WITH  LAW.  A  contract  with  a  teacher 
must  not  conflict  with  the  law  in  any  particular.  29  Ind.  375;  40  Ind.  195;  48 
Ind.  541.  See  note  9.  A  teacher  contracts  with  reference  to  the  statute.  107 
Ind.  86L 

K>.     Wi  0  HK  SWORN.     I  think  our  statute  impliedly  requires  all 

witne-se-  to  be  -worn,  or  to  make  affirmation.      See  sec.  4539. —  Voricx,  Supt. 

17.  KFX  -IXDING  msTK.MT.  A  contract  with  a  teacher  may  be  rescinded 
when  he  is  eharirrd  with  outra<jeou<  crime-,  such,  for  instance,  aa  beintr  charged, 
in  a  divorce  Miit.  with  having  committed  various  act<  of  adultery.  15  Mo.  App. 
Jeo,  if  the  teacher  i>  charged  with  as-aiilt  with  intent  t<>  commit  rape. 
17  111.  App.  347.  Thi-  i-  ju-titied  on  the  ground  that  a  teacher  impliedly  con- 
tracts t«.  have  a  L; i  moral  character,  and  to  exert  the  influence  of  such  cha 

upon  the  -chool.      When  the  character  i-  in  MI<-!I  -rave  doubt  the  influence  it 
and  the  contract  i-.  therefore,  broken.  ,>f. 

1  v      Yum    rnNTUACT.        I-' very    contract    relating    to    the    employment    of    a 
leachi-r  \\lio  , l<,e>  m, i  bold   a    lawful   certiticate  of  qualification    i-  void,  bv  ti 
pro*  terms  of   the  >tatute.     44  N.   W.   Kep     l.<  I   and  15. 

1!'.      I'KKIOD   i.i'  i:\-i     H  M\KI     \    7AUD  CONTRACT,      A  license 

on  which  a  valid   contract   may  be   made  mu-t  not  onlv  be  "  in   full   force  at  the 


HOOI    I. AW. 


162 


SCHOOL    LAW    OF    INDIANA. 


date  of  employment,"  but  it  must  extend  over  some  portion  of  the  school  term  for 
which  the  contract  is  made. — -Varies,  Supt.     See  note  1. 

'JO.  DISCHARGED  WITHOUT  CAUSE.  A  teacher  engaged  for  a  specific  term, 
and  discharged  without  cause,  can  recover  compensation,  the  damages  usually 
being  the  amount  of  the  stipulated  wages;  but  this  may  be  reduced  by  proof  of 
ability  to  earn  from  other  sources.  15  Colo.  367.  See  note  13. 

21.  EPIDEMICS — No  DEDUCTIONS  FROM  TEACHER'S  SALARY  FOR  TIME  LOST 
BY  REASON  OF.     Small-pox  is  not  actus  Dei  in  such  a  sense  as  to  excuse  a  school 
district  from  liability  on  a  contract  with  a  teacher,  the  performance  of  which  the 
district  has  prevented  by  closing  the  school.     The  act  of  God  which  will  release 
one  from  the  obligation  of  a  contract  is  one  which  renders  its  performance  im- 
possible. 

Continuing,  the  Court  said :  Beyond  controversy  the  closing  of  the  schools 
[on  account  of  the  prevalence  of  small-pox]  was  a  wise  and  timely  expedient ; 
but  the  defense  interposed  can  not  rest  on  that.  It  must  appear  that  observance 
of  the  contract  by  the  district  was  caused  to  be  impossible  by  act  of  God.  It  is 
not  enough  that  great  difficulties  were  encountered,  or  that  there  existed  urgent 
and  satisfactory  reasons  for  stopping  the  schools.  But  this  is  all  the  evidence 
tended  to  show.  The  contract  between  the  parties  was  positive  and  for  lawful  ob- 
jects. On  one  side  school  buildings  and  pupils  were  to  be  provided,  and  on  the 
other  personal  services  as  teacher.  The  plaintiff  continued  ready  to  perform,  but 
the  district  refused  to  open  its  doors  and  allow  the  attendance  of  pupils,  and  it 
thereby  prevented  performance  by  the  plaintiff.  Admitting  that  the  circumstances 
justified  the  officers,  and  yet  there  is  nc  rule  of  justice  which  will  entitle  the  dis- 
trict to  visit  its  own  misfortune  upon  the  plaintiff.  He  was  not  at  fault.  He  had 
no  agency  in  bringing  about  the  state  of  things  which  rendered  it  eminently  pru- 
dent to  dismiss  the  schools.  It  was  the  misfortune  of  the  district,  and  the  district, 
and  not  the  plaintiff,  ought  to  bear  it.  43  Mich.  480.  So  also  of  diphtheria,  17 
Oregon,  517. —  Varies,  Supt. 

22.  NEGLECT  TO  SEND  TO  SCHOOL  CAN  NOT  AFFECT  RIGHT  TO  COMPENSA- 
TION.    The  neglect  of  parents  to  send  to  school  can  not  affect  the  right  of  the 
teacher  to  compensation.     36  111.  App.  653. 

23.  CONTRACT  WITH  DE  FACTO  BOARD  VALID.     A  teacher  under  contract 
with  a  de  facto  trustee  can  recover  pay  for  services.     35  Hun.  (  N.  Y. )  111. 

24.  CONTRACT  WITH  DE  FACTO  BOARD  BINDING  UNLESS  FRAUD  is  PROVEN. 
When  trustees,  with  the  acquiescence  of  the  town,  continue  to  act  as  such,  after 
the  expiration  of  their  term  and  before  their  successors  are  appointed,  they  are 
officers  de  facto,  and  their  contract  with  a  teacher  is  binding.     Such  contract  can 
not  be  assailed  by  their  successors  subsequently  appointed,  when  it  is  not  alleged 
and  proven  that  the  teacher  was  a  party  to  the  fraud  to  forestall  them.     27  N.  E. 
Hep.  303. 

24.  CONTRACT  BY  DE  FACTO  TRUSTEE  CAN  NOT  BE  OVERTHROWN  BY  DE 
JURE  TRUSTEE.     If  a  de  facto  trustee  contracts  with  a  teacher,  the  election  of  a  de 
jure  trustee,  who  ignores  such  contract,  will  not  defeat  for  compensation  for  dis- 
charge by  him.     15  N.  Y.  Supl.  818. 

25.  SUBSTITUTE  TEACHER.     When  not  waived,  a  teacher's  contract  can  not 
be  fulfilled  by  procuring  a  substitute,  however  competent.     88  111.  563. 


SCHOOL    LAW    <>F    IMiIANA. 


163 


bel. 

I- 


•J«:.  \UTHOIUTY  OF  TWO  MKMKKKS  m  I'.OAKP  TO  ACT-  •  NOTICE  OF  MEETING. 
o  <>!'  three  members  may  contract  at  a  meeting  of  which  the  third  has  had  notice, 
(1  notice  m-ed  n<»t  In-  given  for  regular  meeting.  ~>'2  Ark.  ")11. 

•27.  MEMBER  OF  BOARD  K.MIM.OVKP  \-  IKA-HKI:  VACATES  HI-  <>FFI<E.  A 
Trustee  employed  as  a  teacher  \>y  two  other  member-  vaeates  his  office  as  Trustee. 
Ferguson  r.  True,  3  Hush,  t  K y.  \  'J-V). 

INDIVIDUAL   RESI-OXSIIJILITY.     The  members  of  a  School  Board  may  be 
In- Id  respon-il>le  for  the  dismissal  of  a  teacher,  if  they  act  maliciously  and  without 

l'»4  Ind.  548, 

•J'.».  MAY  REFUSE  TO  TEACH  REFRACTORY  PUPIL.  A  teacher  refusing  to  teach 
refractory  pupil  was  held  not  liable  for  damages.  24  Pick.  (Mass.)  224. 

30.  TEACHER  MAY  MAKE  RULES.  In  the  absence  of  rules  made  by  the  Board 
or  Township  Trustee,  the  teacher  may  make  all  reasonable  rules  for  the  successful 
conduct  of  the  school.  '^>  Conn.  481. 

-HI.  INFANT  MAY  CONTRACT  TO  TEACH.  An  infant  may  contract  with  a  School 
Hoard  to  teach.  38  Wis.  100;  50  Vt.  30. 

3±  ILLEGAL  CLAUSE  IN  CONTRACT.  A  contract  by  which  the  School  Board 
declare^  "  We  re-erve  the  right  to  close  the  school  at  any  time  if  not  satisfactory 
to  us."  is  unauthorized  and  inoperative.  50  Wis.  651. 

33.  CONTRACT  CAN  NOT  BE  AFFECTED  BY  BURNING  OF  SCHOOL-HOUSE.     Where 
a  district  school  is  broken  up,  because  of  the  failure  of  the  Trustee  to  furnish  an- 
other room  upon  the  destruction  of  the  school-house  by  fire,  the  teacher  may  re- 
cover, under  his  contract  although  he  has  kept  and  can  furnish  no  record.     23  111. 

App.   3H7;    o(l  Vt.  30. 

For  a  Trustee  or  School  Board  to  insert  a  clause  in  a  contract  declaring  that, 
"In  case  the  M-hool-house  shall  be  destroyed  by  fire  the  school  shall  be  closed,  and 
said  teacher  shall  claim  wages  only  for  the  actual  time  taught,"  is  unauthorized 
and  inoperative.  Section  4444  says:  "The  Trustees  shall  take  charge  of  the  edu- 
cational a  flairs  of  their  respective  townships,  towns  and  cities.  They  shall  estab- 
lish and  locate,  conveniently,  a  sufficient  number  of  schools  for  the  education  of 
the  white  children  therein,  and  build,  or  otherwise  provide  suitable  houses,  furni- 
ture, apparatus,  and  other  articles  and  educational  appliances  necessary  for  the 
thorough  and  efficient  management  of  said  schools."  This  statute  makes  this  duty 
peremptory.  It  can  not  be  put  off  by  any  pretended  contract.  It  may  be  argued 
that  the  Trustee  has  no  funds  with  which  to  build,  but  section  4438a  provides  for 
such  emergency.  And,  too,  a  room  could,  in  most  cases,  be  rented. —  Varies,  Supt. 

34.  -  •»•- COURT  TRIAL  NOT  REQUIRED.     The  delicate  nature  of  the 
duty  devolved  upon  the  Trustees,  to  see  that  unfit  or  incompetent  persons  are  not 
put  or  kept  in  charge  nf  tin-  children  who  attend  the  common   schools,  forbids  the 
idea  of  a  trial  with  the  formality  and   strictness   that    belongs   t<>  courts.     3  Hun- 
( N.  Y.I  1S1.      Hut   this  doe-  not    relieve   the  Trustee  of   responsibility,  if  he  acts 
with  malice  or  in  had  faith.  —  JViW,  Sufif. 

1M:  1  '\<  TO  AND  1»E  JURE  OFFICERS  A<TIN(J— EFFECT  OF  CONTRACT.  De 
iliccrs,  who  contract  with  and  render  services  for  a  <l>  fnrfn  School  Hoard, 
which  is  not  dc  jun,  while  the  <\>  jnr,  officers  are  acting  as  such  and  performing 
their  duties,  can  not  recover  from  the  corporation  for  such  services.  8  Atl.  Rep. 
443.  But  when  ih •  fncto  officers  act  in  good  faith  the  corporation  is  bound  thereby. 
10  Atl.  Rep.  ::»4. 


164 


SCHOOL   LAW   OF   INDIANA. 


30.  EMPLOYMENT  OF  TEACHER.  A  finding  that  the  plaintiff  was  employed 
as  a  teacher  by  K.,  who  was  at  the  time  Trustee  of  the  township,  sufficiently  shows 
that  the  employment  was  by  the  School  Trustee,  the  Township  Trustee  being  e.r 
officif)  School  Trustee.  119  Ind.  320.  But  this  would  not  be  so  of  incorporated 
towns,  as  they  have  a  Board  of  Civil  Trustees  and  a  Board  of  School  Trustees. 

37.  ABOLISHING  DEPARTMENT  DOES  NOT  AFFECT  CONTRACT.    A  teacher  is  not 
discharged  by  abolishing  the  department  in  which  he  is  engaged,  or  removing  him 
to  another  and  lower  grade.     27  N.  E.  Rep.  303. 

38.  PUBLIC  POLICY — HOLIDAYS  —  ILLEGAL  DEDUCTIONS.     In  regard  to  de- 
ductions for  holidays,  we  are  of  opinion  that  school  management  should  always 
conform  to  those  decent  usages  which  recognize  the  propriety  of  omitting  to  hold 
public  exercises  on  recognized  holidays ;  and  that  it  is  not  lawful  to  impose  for- 
feiture or  deductions  for  such  proper  suspension  of  labor.     Schools  should  con- 
form to  what  may  fairly  be  expected  of  all  institutions  in  civilized  communities. 
All  contracts  for  teaching  during  periods  mentioned  must  be  construed,  of  neces- 
sity, as  subject  to  such  days  of  vacation,  and  public  policy,  as  well  as  usage,  re- 
quires that  there  should  be  no  penalty  laid  upon  such  observances.     School  Dis- 
trict v.  Gage,   39   Mich.    484.      And  when   deductions  for  holidays  was   again 
attempted,  this  opinion  is  affirmed  in  Holloway  v.  School  District,  62  Mich.  153, 
and  in  closing  the  Court  said:     "We  can  not  but  regret  that  any  of  our  schools 
should  be  managed  in  the  spirit  shown  on  this  record."     A  trustee  has  no  author- 
ity to  put  a  clause  in  a  contract  that  "No  wages  shall  be  claimed  for  holidays  un- 
less actually  taught."    Such  a  contract  is  contrary  to  public  policy  and  inoperative. 

Moreover,  to  put  such  a  clause  in  the  contract  is  not  only  a  violation  of  the 
intendment  of  the  law,  but  the  result  is  greatly  to  disorganize  and  to  break  into 
the  regular  gradation  of  the  school.  People  in  all  other  callings  recognize  the 
legal  holidays,  and  pupils  can  not  reasonably  be  expected  to  be  at  school  on  such 
days.  Hence,  if  teachers  are  forced  to  teach  on  such  days  or  lose  wages,  the  re- 
sult is  that  many  pupils  are  absent,  and  the  systematic  gradation  and  organization 
of  the  school  interrupted  and  the  best  interests  of  the  school  defeated. 

Such  a  clause  is  contrary  to  the  spirit  of  our  public  schools  and  vicious  in  the 
extreme. —  Varies,  Supt. 

39.  TRUSTEES  ACT  IN  AN  OFFICIAL  CAPACITY,  NOT  AS  INDIVIDUALS.    "The 
School  District  Board,  in  making  a  contract  with  a  teacher,  acts  officially  and  on 
behalf  of  the  district ;  their  powers  as  a  district  board  are  limited  by  statute,  and 
they  can  only  exercise  such  as  are  expressly  conferred  by  statute,  or  as  are  fairly  im- 
plied from  the  nature  of  the  duties  and  services  required  by  law  from  them.  A  clause 
in  a  contract  of  hiring  between  a  School  District  Board  and  the  teacher  of  the  dis- 
trict school,  by  which  the  Board  declares  that  "  We  reserve  the  right  to  close  the 
school  at  any  time  if  not  satisfactory  to  us, "  is  unauthorized  by  law  and  inopera- 
tive.    Tripp  v.  School  District,  50  Wis.  651. 

The  same  doctrine  is  held  in  Owen  School  Township  v.  Hay,  107  Ind.  351.— 
Varies,  Supt. 

40.  GARNISHMENT  OF  WAGES.     It  is  against  public  policy  to  allow  the  wages- 
of  persons  in  public  employments  to  be  reached  by  garnishment.     School  Dist.  v. 
Gage,  39  Mich.  484. 

41.  VACATION.     Teachers  are  entitled  to  pay  for  holidays  that  fall  on  school 
days  in  a  vacation  in  a  term.     The  fact  that  the  School  Board  has  requested  a  va- 
cation neither  makes  nor  unmakes  holidays.  —  Voi'ies,  Supt. 


SCHOOL    LAW    OF    INDIANA. 


165 


12.     CARE  OF  SCHOOL-HOUSE — Briu>i.\<,  KIRKS— JANITOR'S  DUTY.     It  is  the 
duty  of 'every  School  Director  t«.  put  his  s<-hool-hou>e  iii  a  editable  condition  for 

the  reception  of  pupils,  and  this  i-  us  much  his  duty  at  the  middle  of  the  term,  or 
the  la^-t  day,  as  the  first.  A  school-house  is  not  tit  to  receive  tin-  pupils  until  the 
janhor'>  work  has  lieen  done  each  day.  It  i-  a-  e»ential  that  he  should  put  the 
school-house  in  a  clean  and  comfortable  condition  as  it  is  that  he  should  repair 
the  ro.if.  It  belli";  his  duty,  by  con.-ent  of  the  Trustee,  and  not  heing  any  part  of 
the  teaclur's  duty,  to  prepare  the  >chool-honse  in  a  suitable  manner  for  the  recep- 
tion of  tlie  pupils,  he  has  a  right  to  employ  the  usual  agency  and  pay  a  >ut!icient 
sum  to  accomplish  it.  The  trustee  is,  therefore,  empowered  to  allow  a  reasonable 
imount  for  such  expense  in  providing  a  janitor  for  the  school-house,  and  the 
Hoard  of  County  (  ommissioners  can  not  do  otherwise  than  allow  all  reasonable 
bills  of  the  same  kind.  —  linlilu •///,  Ait'y-Gen. 

43.  CASH  AI>VAN<  KI>  10  TKACHERS.— A  Township  Trustee  who,  in  good  faith, 
employ-  neee— ary  and  proper  teachers,  and  when  it  is  unexpectedly  found  that 
the  public  funds  provided  are  insufficient  to  pay  them  in  full,  advances  the  deficit 
out  of  his  own  money,  has  a  demand  against  the  school  township  which  he  may 
recover.  1<>2  ind.  279. 
44.  See  sections  4425,  4439,  4444,  4499,  4501a,  4503,  4504,  4505,  4506  and  notes. 


[1893,  p.  34.    Approved  and  in  force  February  17, 1893.] 

450 la.  After  the  passage  of  this  act,  it  shall  be  unlawful  for  any 
Township  Trustee  to  contract  with  any  teacher  to  teach  in  any  common 
school,  if  the  actual  term  of  service  of  such  teacher  under  such  contract 
-does  not  begin  before  the  expiration  of  the  term  of  office  of  such  Trus- 
tee. Every  contract  made  in  violation  of  the  provisions  of  this  section, 
•shall,  as  to  the  township  represented  by  such  Trustee,  and  the  school 
fund  thereunto  belonging,  be  absolutely  void ;  but  such  Trustee  shall  be 
personally  liable  to  such  teacher  for  all  services  rendered  under  such 
•contract,  and  for  all  damages  which  he  may  sustain  by  reason  thereof. 


[1866, 8.,  p.  143.    Approved  and  in  force  December  20, 1866.1 

4502.  Special  examination.  If  the  persons  attached  to  and  form- 
ing a  school  district  have,  at  their  school  meeting,  designated  other  or  a 
less  number  of  branches  of  learning  than  those  in  section  thirty-four  of 
this  act  [$4425]  mentioned,  which  they  desire  to  have  taught  in  their 
.school,  the  Trustee,  in  employing  a  teacher  for  said  school,  shall  require 
said  teacher  to  be  examined  as  to  his  qualifications  to  teach  the  branches 
of  learning  required  by  said  school  meeting.  (35) 

1.     See  section  4497  and  notes,  and  section  4425,  note  7. 


166 


SCHOOL    LAW    OF    INDIANA. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4503.  Director's  duties.     The  Director  of  each  school  shall  pre- 
side at  all  meetings  of  the  inhabitants  connected  therewith,  and  record 
their  proceedings.     He  shall  also  act  as  the  organ  of  communication  be- 
tween the  inhabitants  and  the  Township  Trustee.     (29) 

1.  BEMARK.  The  creation  of  the  office  of  District  Director  was  designed  to 
devolve  a  certain  class  of  the  Township  Trustee's  duties,  which  might  very  properly 
and  with  more  promptness  be  discharged  by  a  local  agent  in  each  district,  upon  a 
person  chosen  by  the  people  of  the  locality  immediately  interested.  Much  will 
depend  on  the  energy,  intelligence  and  promptness  of  the  Director. — Mills,  Supt. 

4504.  He  has  charge  of  the  school-house.    He  shall  take  charge- 
of  the  school-house  and  property  belonging  thereto,  under  the  general 
order  and  concurrence  of  the  Trustee,  and  preserve  the  same ;  and  shall 
make  all  temporary  repairs  of  the  school-house,  furniture  and  fixtures, 
and  provide  the  necessary  fuel  for  the  school,  reporting  the  cost  thereof 
to  the  Trustee  for  payment.     (30) 

1.  POSSESSION  OF  HOUSE.     We  think  the  Trustee  has  charge  and  possession, 
of  the  school-house,  for  although  the  Director  has  the  charge  for  certain  purposes, 
he  acts  under  the  order  and  concurrence  of  the  Trustees. — Kurd  v.  Walters,  47 
Ind.  148. 

2.  TEMPORARY  REPAIRS — FUEL.     The  Director  is  the  local  agent  of  the 
Trustee,  and  is  subject  to  his  orders.     He,  however,  is  to  exercise  entire  control  so- 
far  as  temporary  repairs  are  concerned,  and  is  to  provide  necessary  fuel.     Let  us- 
explain  what  is  meant  by  necessary  fuel.    It  refers  not  simply  to  quantity,  but  also- 
to  the  quality  of  f  uel"and  its  preparation  for  use.     A  tree  hauled  up  to  the  door  is- 
not  necessary  fuel,  nor  is  a  load  of  good  four-foot  wood.    Necessary  fuel  means  that 
which  is  dry,  conveniently  piled  and  properly  prepared  for  use.     The  expense  of 
preparing  the  fuel  is  to  be  reported  by  the  Director  to  the  Trustee,  who  is-  to  pay 
the  former  for  it.     A  teacher  is  not  a  wood-hauler,  wood-chopper,  or  wood-sawyer,, 
unless  he  specially  contracts  to  be  such. — Fletcher,  Supt. 

3.  JANITOR  SERVICE.     It  is  as  much  the  duty  of  the  Trustee  to  see  "that  the- 
fuel  is  placed  in  the  stove  and  the  school-room  made  comfortable  and  neatr  as  it  is 
to  furnish  the  fuel  and  brooms  for  these  purposes,  or  to  see  that  the  children  are- 
well  taught  and  disciplined  when  once  in  the  room.     How  and  through  whom  he 
shall  accomplish  these  things  is  just  where  the  law  is  wisely  silent.     I  can  conceive- 
of  various  ways  in  which  he  may  accomplish  them.    He  may  authorize  the  Director, 
who  is  generally  chosen  because  of  his  proximity  to  the  school-house,  to  perfornr 
the  work,  and  then  pay  him  out  of  the  special  school  tax;  or  he  may  authorize 
him  to  employ  some  suitable  person,  and  compensate  the  employe  in  the  same 
manner ;  or  he   may  employ  the  teacher  himself,  and  pay  him  from  the  same- 
source. — Hopkins,  Supt. 

Unless  there  is  an  agreement  between  the  Trustee  and  teacher  that  the  latter 
is  to  perform  janitor's  service,  I  think  he  can  not  be  compelled  to  do  so. — Smart? 
Supt, 

It  is  the  duty  of  every  School  Director  to  put  his  school-house  in  a  suitable- 
condition  for  the  reception  of  pupils,  and  this  is  as  much  his  duty  at  the  middle- 


SCHOOL    LAW    OF    INDIANA. 

term,  or  the  last  day,  as  the  first  day.  A  school-house  is  not  fit  to  receive 
the  pupil*  until  the  janitor  work  has  been  done  each  day.  It  is  as  essential  that 
he  -hould^put  the  school  house  in  a  clean  and  comfortable  condition  as  it  is  that 
In-  -hould  repair  the  roof.  It  being  his  duty,  by  consent  of  the  Trustee,  and  not 
-being  any  part  of  the  teacher's  duty,  to  prepare  the  school-house  in  a  suitable 
manner  lor  the  reception  of  the  pupils,  he  has  a  right  to  employ  the  usual  agency 
and  pay  a  sufficient  sum  to  accomplish  it.  The  Trustee  is  therefore  empowered  to 
allow  a  reasonable  amount  for  such  expense  in  providing  a  janitor  for  the  school 
house,  and  the  Boar  i  of  County  <  ommissioners  can  not  do  otherwise  than  allow 

Vail  reasonable  bills  of  the  same  kind. — Baldwin,  Atti/.-Gen. 
The  janitor  may  be  paid  out  of  the  special  school  fund. — LaFolleUe,  Supl. 

4505.  Visits  school— May  exclude  pupils.  He  shall  visit  and 
inspect  the  school,  from  time  to  time,  and,  when  necessary,  may  exclude 
any  refractory  pupil  therefrom ;  but  the  exclusion  of  any  pupil  from  the 
school  for  disorderly  conduct  shall  not  extend  beyond  the  current  term, 
and  may  be,  in  the  discretion  of  the  Director,  for  a  shorter  period.  (31) 

1.  REFRACTORY  PUPIL.  Directors  have  the  power  to  exclude  refractory  pupils 
from  school  for  the  current  term,  and  School  Trustees  of  cities  and  towns  have 
undoubtedly  the  same  right.  A  refractory  pupil  is  one  who  persistently  refuses  to 
obey  the  resonable  rules  and  regulations  of  the  school,  whether  made  by  the 
teacher  or  the  County  Board.  The  teacher  may  temporarily  exclude  from  school 
a  disorderly  and  noisy  pupil.  In  such  case  the  matter  should  be  reported  to  the 
Director  u.<  soon  as  possible. — Smart,  Supt. 

'2.  KM  i.rsiox  FOR  TRUANCY.  The  law  provides  that  refractory  pupils  may 
be  excluded  from  school.  Truancy  is  a  very  great  evil,  tending  in  various  ways 
-to  disturb  the  order  and  interrupt  the  progress  of  the  whole  school.  A  very  high 
authority  has  declared  it  the  greatest  hindrance  to  the  improvement  of  our  schools, 
and  the  laws  of  some  States  have  made  it  in  some  sense  penal.  Considering  the 
magnitude  of  the  evil,  it  seem-  scarcely  to  admit  of  question  that  pupils  hibituallv 
incorrigibly  truant  may  be  excluded  from  school  for  the  current  term  as  refrac- 
torv.  —  //oMx,  -^iijif. 

TK  \«  HKU'S  POWER  AS  TO  DISCIPLINE.  The  law  is  well  settled,  as  it  seems 
to  u-.  that  the  teacher  has  the  right  to  exact  from  his  pupils  obedience  to  his  lawful 
and  reasonable  commands,  and  to  punish  disobedience.  In  a  recent  Wisconsin 
M  ii  \va-  well  said:  <;  In  the  schools,  a-  in  the  family,  there  exists  on  the  part 
of  the  pupils  the  obligations  of  obedience  to  lawful  commands,  subordination, 
civil  deportment,  respect  for  the  rights  of  other  pupils,  and  fidelity  to  duty.  These 
obligations  are  inherent  in  any  proper  school  system,  and  constitute,  so  to  speak, 
the  common  law  of  the  school.  Kvery  pupil  is  presumed  to  know  this  law,  and  is 
subject  to  it,  whether  it  has  or  has  not  been  reenacted  by  the  District  Board  in  the 
form  of  written  rules  and  regulations."  DanenhotTer  r.  State,  60  Ind.  295. 

4.  TEAni  Kit's  AUTHORITY  OUT  OF  SCHOOL.  On  this  difficult  subject  we  are 
without  jruidance  from  our  own  Supreme  Court,  but  find  sound  principles  enunci- 
ated in  the  familiar  case  of  Lander  ;.  Seaver,  .S'J  Vt.  114,  as  follows:  "When  the 
-child  lias  returned  home  or  to  his  parents'  control,  then  the  parents'  authority  is 
resumed  and  the  control  of  the  teacher  ceases,  and  then  for  all  ordinary  acts  of 


168 


SCHOOL    LAW    OF   IN] 


misbehavior  the  parent  alone  has  the  power  to  punish."  But  "  though  a  school- 
master has,  in  general,  no  right  to  punish  a  pupil  for  misconduct  committed  after 
the  dismissal  of  school,  and  the  return  of  the  pupil  to  his  home,  yet  he  may,  on  the 
pupil's  return  to  school,  punish  him  for  any  misbehavior,  though  committed 
out  of  school,  which  has  a  direct  nnd  immediate  tendency  to  injure  the 
school  and  to  subvert  the  master's  authority,"  as  when  the  pupil,  "in  the  presence 
of  other  pupils  of  the  same  school  used  toward  the  master,  in  his  hearing,  con- 
temptuous language,  with  a  design  to  insult  him,  and  which  had  a  direct  and  im- 
mediate tendency  to  bring  the  authority  of  the  master  over  his  pupils  into  contempt, 
and  lessen  his  hold  upon  them  and  his  control  over  the  school."  Teachers,  there- 
fore, should  be  very  careful  how  they  punish  pupils  for  what  they  may  do  or  say 
away  from  the  school  premises,  and  should  never  undertake  to  punish  for  sucht 
behavior  unless  it  seems  necessary  for  the  preservation  of  discipline  in  the  school. 
The  teacher  can  not  justly  be  held  responsible  for  the  conduct  of  pupils  when  out 
of  his  sight  or  beyond  his  control,  and  he  should  give  parents  and  guardians  to 
understand  that  he  will  not  attempt  to  exercise  a  control  which  it  is  their  duty  to- 
exercise  themselves. — Holcombe,  Supt.  See  also  23  Texas  App.  386. 

5.  TEACHER  MAY  MAKE  RULES.     In  the  absence  of  rules  established  by  the 
Board  or  other  proper  authority,  the  teacher  has  a  right  to  make  all  necessary  and 
proper  rules  for  the  regulation  of  the  school.     In  inflicting  corporal  punishment 
the  teacher  must  be  governed,  as  to  mode  and  severity  of  it,  by  the  nature  of  the 
offense,  and  by  the  age,  size  and  physical  condition  of  the  pupil. 

When  a  boy  has  been  habitually  refractory  and  disobedient,  the  teacher,  in 
punishing  him  for  a  particular  offense,  may  take  into  consideration  his  habitual 
disobedience.  And  it  is  not  necessary  that  he  should  inform  the  pupil  at  the  time 
that  he  is  punishing  him  for  his  past  as  well  as  present  misconduct.  53  Conn.  481. 

6.  TEACHER  AND  PUPIL — RULES  FOR  GOVERNMENT  OF  SCHOOL — UNREASON- 
ABLE RULE. — A  rule  established  by  the  teacher  of   a  public  school,   requiring 
pupils  to  pay  for  the  wanton  and  careless  destruction  of  school  property,  is  un- 
reasonable, and  a  teacher  has  no  right  to  enforce  such  a  rule  by  chastisement. 

Carelessness  on  the  part  of  children  is  one  of  the  most  common  and  yet  one 
of  the  least  blameworthy  of  their  faults.  In  simple  carelessness  there  is  no  purpose 
to  do  wrong.  To  punish  a  child  for  carelessness  in  any  case,  is  to  punish  it  where 
it  has  no  purpose  or  intent  to  do  wrong  or  violate  rules.  But  beyond  this  no  rule 
is  reasonable  which  requires  of  the  pupils  what  they  can  not  do.  The  vast  majority 
of  pupils,  whether  small  or  large,  have  no  money  at  their  command  with  which  to 
pay  for  school  property  which  they  injure  or  destroy  by  carelessness  or  otherwise. 
If  required  to  pay  for  such  property  they  would  have  to  look  to  their  parents  or 
guardians  for  the  money.  If  the  parent  or  guardian  should  not'have  the  money, 
or  if  they  should  refuse  to  give  it  to  the  child,  the  child  would  be  left  subject  to- 
punishment  for  not  having  done  what  it  had  no  power  to  do.  State  v.  Vanderbilt, 
116  Ind.  11  ;  S.  C.  18,  N.  E.  Rep.  266. 

7.  WILLFUL  OR  MALICIOUS  ACT  NECESSARY  TO  WARRANT  SUSPENSION.     A 
pupil  can  not  be  expelled  or  suspended  from  the  public  schools  for  a  careless  act, 
no  matter  how  negligent,  if  it  is  not  willful  or  malicious.     77  Mich.  605. 

8.  RIGHT  TO  PUNISH— LIABILITY  OF  TEACHER.     By  law,  as  well  as  by  imme- 
morial usuage,  &  schoolmaster  is  regarded  as  standing  in  loco  parentis,  and  has  the 
right  to  administer,  in  case  of  misconduct,  reasonable  and  proper  punishment  to- 


SCII«  MIL    LAW    UK    INDIANA. 


169 


a  pupil,  having  regard  to  the  diameter  of  the  ollenx. .  ti  and  phy>- 

ieal  strength  of  the  offender;  and  while  lie  necessarily  has  a  discretion,  determined 
by  ti.  the  particular  ease,  both  as  to  the  character  and  the  derive  of  the 

punishment,  he  is  liable  crhn imilitT  for  any  abuse  <>i  his  authority,  i)'  prompted  by 
malice,  or  other  improper  motive,  if  unreasonably  severe,  if  inflicted  with  an  im- 
proper instrument,  or  if  resulting  in  permanent  injury  to  the  pupil.  SS  Ala.  Ib'H. 

'.».      St  si'KN.-mx      l'NKi.\-"NAr.i.!:    i:fi.K.       A    regulation    that    cadi    scholar, 
when   returning  to  school   after  recess,  shall   bring  into  t'ne  school-room   a  stick  of 

:  lor  the  tire,  i-  not   ••needful"  for  th»  irovernmcnt.  good  (»rder  and   efliciency 
of  tli'  .-Mid  a  scholar  can  not   be  suspended   for   a    refusal   to  comply  with 

such  regulation.      B  U'is.  -J.'M. 

I".     PAKK.NT    MI-  M.Y    REPORT — Prrn.    mm    KI.TI  UN    IT.     A 

rule  which  m«kes  it  the  duty  of  the   teacher  to   keep  a   record   of  the  standing  of 
each  pupil   in  the  studies  pursued   by  him,  of  his  attendance  and  deportment,  to 
d  each  month  by  the  pupil   a  written  report  of  the  same  to  his  parent  or  guar- 
and  which  requires  such  parent  or  guardian  to  siirn  ;md    return  the  same  to 
the  teacher,  is  ic  one.  and  a  pupil  may  be  suspended  until  such  time  as 

he  may  comply  with  such   nil  of  School   Tn 

W.  Rep.  71<>.  " 

11.  iiOOL  —  TEA<  III.K'-    AUTHORITY.      While    the 

principal  a   publie   school    is   subordinate   to  the   School 

;  or  P.oanl  of    Kdiication  of   his  district  or  city,  and  inn-  regulations 

adopted  by  it  for  the  government  of  the  school,  and  execute  its  lawful  order>  in 
that  behalf,  yet.  in  matters  concerning  which  the  Hoard  has  remained  silent,  he 
Mthority.  ;.-  .,  enforce  obedience  to   his   lawful    commands, 

subordination,  civil  deportment,  re<pect  for  the  rights  of  other  pupils,  and  all  ob- 
ligations inherent  in  every  8cl  -tituting  the  common  law  of  the 
ry  pupil   i-  presumed   to  know.      P>urpee  r.   P.tirton.  -l~>  AVis.  ].",(». 

1-.  her  may  punish  a  pupil  with   kin. i' 

prudence  and  p'roprie!  QCeof   hi-  proper  eniuiiiauds  ;   and  when  the 

punishmmt    i-  rm-oiiable.    he  can    not    be    pro-edited    for   a>.»ault    and    batterv. 
-ic.Iunkin.  4   Iinl.  290j    hanenhotler 

The  ti-a<'her  may  exact  compliance  with  all  reasonable  comman<ls,  and  en! 
obedience  by  inllicting  c..rp-ral   punir-brnent,  in  a   kin<}   and   rea.xtnable  manner, 
•  pupil  for  disi.bedi-  h   puni-hment   must    be  within   the  bounds  of 

moderation,  and  apportioned  to  the  gravity  of  theotlen-e;  but  when  complaint  is 
made,  the  judgment  of  the  facln-r  as  t,.  what  the  situation  required  should  have 
weight,  a->  in  the  ea-c  of  a  jtarent  under  similar  circumstances,  and  the  reason- 
ahlene«  of  the  punishment  mi.  rmined  upon  the  fact-  of  the  particular 

.mptiiin  i-  that  the  teacher  did  nothing  more  than  his  duty.  The 
legitimate  object  of  cha-tisement  is  to  inllict  punishment  bv  the  pain  which  it 
can--,  a-  well  a-  by  the  d«-Lrradation  it  implies;  and  it  does  not  f,.llmv  that  cha- 
tisenient  was  cnie!  01  pain  wa-  prndueed.  or  abrasions  of  tin- 

skin  resulted  from  a  switch  used  by  the  teacher.  When  a  proper  weapon  has  been 
used,  the  character  of  the  chastisement  with  reference  to  any  alleged  cnieltv  or 
mu>t  he  determined  by  the  nature  of  the  offense,  the  age,  physical  and 
mental  condition,  as  well  a-  the  personal  attributes,  of  the  pupil,  and  the  deport- 
ment of  the  teacher.  Vanvactor  r.  State,  113  Ind.  276;  Danenhoffer  r.  State,  79 
Ind.  1 


170 


SCHOOL    LAW    OF    INDIANA. 


13.  TEACHER  NOT  LIABLE  FOR  ERROR  OF  JUDGMENT  IF  HE  ACTS  IN 
FAITH.     A  teacher  is  not  liable  for  error  of  judgment  as  to  when  and  to  what  ex- 
tent punishment  is  necessary,  if  he  acts  in  good  faith  and  without  malice,     9  Atl. 
Kep.  722. 

14.  AFTER  GRADUATION.      When  a  pupil  has  graduated   from  one  depart- 
ment,  his   re-admission   into  that  department  can  not  be  compelled.     4  N.  Y.- 
Supl.  102. 

15.  PUPILS  MAY  BE  SUSPENDED  FOR  TARDINESS.     Pupils  may  be  suspended 
for  tardiness.     31  Iowa,  562 ;  116  Mass.  366 ;  71  Mo.  628. 

16.  Kules  must  be  reasonable  under  the  circumstances.     Ill  Ind.  472. 

17.  LIABILITY  OF  SCHOOL  OFFICERS.     The  School  Board  is  not  liable  for  ex- 
pulsion unless  the  action  is  wanton  or  malicious.     95  111.  263. 

18.  IMMORAL  OR  LICENTIOUS  PUPILS.      Regulations  forbidding  the  attend- 
ance of  immoral  or  licentious  persons  can  be  enforced,  even  though  the  conduct 
may  be  proper  while  at  school.     8  Cush.  160. 

19.  SUSPENSION  FOR  REFUSING  TO  DECLAIM.     A  pupil  may  be  suspended  for 
refusing  to  declaim.     59  N.  H.  473. 

20.  BARRING  DOORS.     Barring  the  doors  against  little  children  in  winter  is 
unlawful — 63  111.  350 — unless  pupils  are  provided  with  comfort.     Ill  Ind.  472. 

21.  PUPILS  MUST  SUBMIT  TO  REASONABLE  RULES.     A  student  must  submit 
to  any  proper  rule  necessary  for  the  good  government  of  the  school.    82  Ind.  286, 

22.  FAILURE  TO  USE  TEXT-BOOKS.     Pupils  may  be  suspended  for  failure  to 
use  text-books.     12  Allen  (Mass.)  127;  95  111.  266;  38  Me.  379;  59  N.  H.  473;  32 
Vt.  226 ;  29  Ohio  St.  89 ;  108  Ind.  31. 

23.  HABITUAL  ABSENCE.     A  pupil  may  be  suspended  for  habitual  absence, 
48  Vt.  444;  71  Mo.  628;  13  Brad.  (111.)  520. 

24.  MISCONDUCT.     A  pupil  may  be  suspended  for  misconduct.     27  Me.  266  ; 
111  Mass.  499;  105  Mass.  476;  27  Vt.  755. 

25.  CORPORAL  PUNISHMENT  DISCOURAGED.     Corporal  punishment  may  some- 
times be  necessary,  but  it   seems  to-  me  that  the  language  of  Judge  Stuart,  in 
Cooper  v.  McJunkin,  4  Ind.  290,  in  1853,  is  still  very  appropriate.     The  Court 
says:     "The  law  still  tolerates  corporal  punishment.     The  authorities  are  all  that 
way,  and  the  Legislature  has  not  thought  proper  to  interfere.     The  public  seem  to- 
cling  to  a  despotism  in  the  government  of  schools  which  has  been  discarded  every- 
where else.     Whether  such  training  be'  congenial  to  our  institutions,  and  favor- 
able to  the  full  development  of  the  future  man,  is  worthy  of  serious  consideration, 
though  not  for  us  to  discuss. 

"  In  one  respect  the  tendency  of  the  rod  is  so  evidently  evil  that  it  might, 
perhaps,  be  arrested  on  the  ground  of  public  policy.  The  practice  has  an  inher- 
ent proneness  to  abuse.  The  very  act  of  whipping  engenders  passion,  and  very 
generally  leads  to  excess.  WThere  one  or  two  stripes  only  were  at  first  intended, 
several  usually  follow,  each  increasing  in  vigor  as  the  act  of  striking  inflames  the 
passions.  This  is  a  matter  of  daily  observation  and  experience.  Hence,  the 
spirit  of  the  law  is,  and  the  leaning  of  the  courts  should  be,  to  discountenance  a 
practice  which  tends  to  excite  human  passion  to  heated  and  excessive  action,  end- 
ing in  abuse  and  breaches  of  the  peace.  Such  a  system  of  petty  tyranny  can  not 
be  watched  too  cautiously  nor  guarded  too  strictly.  The  tender  age  of  the  snffer- 
ers  forbids  that  its  slightest  abuse  should  be  tolerated,  So  long  as  the  power  to 


SCHOOL    LAW    OF    INDIANA. 


171 


punish  corporally  in  school  exists,  it  needs  to  be  put  under  wholesome  restric- 
tion. Teachers  should,  therefore,  understand  that  whenever  correction  is  admin- 
i>tered  in  anger  or  insolence,  or  in  any  other  manner  than  in  moderation  and 
kindness,  accompanied  with  that  affectionate  moral  suasion  so  eminently  due  from 
one  placed  by  the  law  in  loco  parentis — the  sacred  relation  of  parent — the  courts  must 
consider  them  guilty  of  assault  and  battery,  the  more  aggravated  and  wanton  in 
proportion  to  the  tender  years  and  dependent  position  of  the  pupil. 

"Were  it  within  the  province  of  these  discussions,  how  many  other  objec- 
tions t<  the  rod,  based  upon  its  injurious  moral  influence  on  both  teacher  and 
pupil,  might  be  safely  assumed? 

*"One  thing  seems  obvious.  The  very  act  of  resorting  to  the  rod  demonstrates 
the  incapacity  of  the  teacher  for  one  of  the  most  important  parts  of  his  vocation, 
namely,  school  government.  For  such  a  teacher  the  nurseries  of  the  republic  are 
not  the  proper  element.  They  are  above  him.  His  true  position  will  readily  sug- 
gest itself. 

"It  can  hardly  be  doubted  but  that  public  opinion  will,  in  time,  strike  the 
ferrule  from  the  hands  of  the  teacher,  leaving  him  as  the  true  basis  of  government 
only  the  resources  of  his  intellect  and  heart.  Such  is  the  only  policy  worthy  of 
the  State,  and  of  her  otherwise  enlightened  and  liberal  institutions.  It  is  the 
policy  of  progress.  The  husband  can  no  longer  moderately  chastise  his  wife;  nor, 
according  to  the  more  recent  authorities,  the  master  his  servant  or  apprentice. 
Even  the  degrading  cruelties  of  the  naval  service  have  been  arrested.  Why  the 
person  of  the  school-boy,  'with  his  shining  morning  face,'  should  be  less  sacred  in 
the  eye  of  the  law  than  that  of  the  apprentice  or  sailor,  is  not  easily  explained. 
It  is  regretted  that  such  are  the  authorities — still  courts  are  bound  by  them.  All 
that  can  be  done,  without  the  aid  of  legislation,  is  to  hold  every  case  strictly  within 
the  rule;  and  if  the  correction  be  in  anger,  or  in  any  other  respect  immoderately 
or  improperly  administered,  to  hold  the  unworthy  perpetrator  guilty  of  assault 
»  and  battery." 

The  above  is  commended  to  the  careful  consideration  of  teachers  given  to 
inflict  corporal  punishment. —  Vories,  Stij>(. 

TKACHKR  MAY  SISTKND  A  PUPIL  EVEN  THOUGH  AN  OFFICER  OPPOSES  THE 
TEACHEK.  It  is  the  duty  of  a  teacher  to  maintain  proper  and  neceasary  discipline 
in  school;  and  if  the  prudential  committee  (School  Board  or  School  Trustee)  insist 
upon  the  return  of  such  scholar  to  the  school,  when  his  presence  would  be  fatal  to 
the  maintenance  of  such  di.-eipline,  the  teacher  may  lawfully  quit  the  school  and 
recover  waires  for  the  term.  46  Vt.  4-VJ.  Thi-  i-  M>und  law.  The  teacher  stands 
ready  to  perform  his  part  of  the  contract,  but  the  Board,  by  its  insistence  upon 
the  return  of  the  disturber,  prevents  the  teacher  from  carrying  out  his  contract, 
hence  tl.  "VeraMe.  —  J'o/'/Vx,  Xiipt. 

27.      IMM"K\MTY.      A     pupil     may    he     expelled    for    immorality.      S    dish. 

KMB,    IBS. 

ArrKNi'iN'.    I>\I:TY.      Su-pending    pupil  ^or   attending    social    pan 
night,  and  after  school  hoursi,  wa-  not  -ustaiued  by  the  court.      »'»»;  Mo.  L 

L!'.I.      WKITINI,   NKW-PAI-KK   AIMHI.K.      Suspending  pupil   for  writing  Ml 
per  article  reflecting  on  the  Director  was  not  -u-tained  by  the  court.      :'.'>  Iowa.  4'J!'. 

30.  COVKTS  WILL  NOT  INTKKKKKK.      rule--  abuse  of  official  power  be  clearly 
shown,  the  court-  will  not  interfere.      :;7  Pa.  St.  385. 

31.  DAMAGES.     Public  officers  to  whom  matters  may  be  submitted  for  their 


172 


SCHOOL    LAW    OF   INDIANA. 


determination,  the  consideration  of  which  requires  an  exercise  of  their  delib- 
erative judgments,  are  not  answerable  in  damages  for  mere  errors  of  judgment, 
unaccompanied  with  malice  or  bad  faith.  95  111.  263;  111  Ind.  472. 

32.  OVER  SCHOOL  AGE.     A  pupil  over  school  age  is  subject  to  punishment  as 
any  other  pupil.     45  Iowa,  248 ;  27  Me.  266. 

33.  OBJECTS  AND  PURPOSES.     The  legal  objects  and  purposes  of  punishment 
in  school  are  like  the  objects  and  purposes  of  the  State  in  punishing  a  citizen. 
They  are  threefold:     First,  the  reformation  and  the  highest  good  of  the  pupil; 
second,  the  enforcement  of  correct  discipline  in  schools;  and  third,  as  an  example 
to  like  evil  doers.     50  Iowa,  145. 

34.  PROFANE  LANGUAGE — FIGHTING.     In  the  absence  of  the  establishment 
of  any  rule  by  the  School  Board  a  teacher  has  the  right  to  adopt  a  rule  to  prevent 
his  pupils  from  using  profane  language,  fighting  or  quarreling  on  the  way  to  and 
from  school,  and  may  punish  those  infringing  the  rule  by  the  use  of  the  rod.     85 
Mo.  485. 

35.  MANDAMUS.     Mandamus  lies  to  compel  the  restoration  of  a  pupil  ille- 
gally suspended  or  expelled.     77  Mich.  605 ;  82  Ind.  279. 

36.  NOT  CONTEMPT  OF  COURT.     A  boy  was  suspended  for  violation  of  a  rule 
and  readmitted  by  order  of  the  court.     He  was  suspended  a  second  time  for  vio- 
lation of  the  same  rule,  and  it  was  held  that  the  second  suspension  was  not  a  con- 
tempt of  court.     127  Ind.  272;  S.  C.  26,    N.  E.  Kep.  798. 

37.  RHETORICAL  EXERCISE.     A  pupil  may  be  suspended  for  refusing  to  pre- 
pare rhetorical  exercise,  or  refusing  to  give  reasonable  excuse  for  such  failure.    29 
Ohio  St.  89. 

WRITING  COMPOSITION.  A  pupil  may  be  suspended  for  refusing  to  write  a 
composition  required  by  the  teacher.  32  Vt.  224. 

38.  DECLAMATION.     A  pupil   may  be  suspended   for  refusing  to  declaim. 
The  fact  that  the  parents  did  not  wish  the  child  instructed  in  declamation  is  not  a 
reasonable  excuse.    They  could  not  require  the  teacher  to  receive  their  child  under 
his  instruction  without  conforming  to  his  reasonable  rules.     59  N.  H.  473. 

39.  PARENT'S  OBJECTION.    A  teacher  is  not  authorized  to  punish  a  pupil  for 
refusing  to  do  something  the  parent  has  requested  that  the  pupil  be  excused  from 
doing.     The  teacher  may  be  justified  in  refusing  to  permit  the  attendance  of  a 
pupil  whose  parent  will  not  consent  that  he  shall  obey  the  rules  of  school.     50 
Iowa,  145. 

40.  See  sections  4436,  4439,  4444  and  notes. 

4506.  Appeal  to  Trustee.     The  decision  of  a  Director  in  exclud- 
ing a  pupil  shall  be  .subject  to  appeal  to  the  Township  Trustee,  whose 
decision  shall  be  final.     (32) 

1.  NOTE.  The  parent  or  guardian,  or  the  pupil  himself,  may  appeal.  No 
formal  documents  are  necessary,  and  the  Trustee  has  the  right  to  make  an  investi- 
gation upon  a  verbal  statement.  But  he  should  make  a  record  of  the  facts  in  the 
rase  and  of  his  decision  thereon. — Smart,  Supt. 

4507.  Insulting  teacher.     If  any  parent,  guardian,  or  other  per- 
son, from  any  cause,  fancied  or  real,  visit  a  school  with  the  avowed  in- 
tention of  upbraiding  or  insulting  the  teacher  in  the  presence  of  the 
school,  and  shall  so  upbraid  or  insult  the  teacher,  such  person,  for  such 


SCHOOL    LAW    OF    INDIANA. 


173 


•I 


conduct,  shall  be  liable  to  a  fine  of  not  more  than  twenty-five  dollars, 
which,  when  collected,  shall  go  into  the  general  tuition  revenue.  (162) 

1.  PART  UNCONSTITUTIONAL.     The  provision  that  the  proceeds  of   the  fine 
shall  go  into  the  general  tuition  revenue  is  void,  since  the  Constitution  (viii,  2) 
makes  fines  assessed  for  breaches  of  penal  laws  of  the  State  a  part  of  the  common 

hool  fund. 

2.  ASSAULT  ON  TEACHER.     A  Township  Trustee  and  the  School  Director, 
pon  the  refusal  of  a  duly  employed  teacher  to  allow  a  vacation  of  the  school  for 

a  time,  which  they  and  certain  patrons  of  the  school  had  demanded,  entered  the 
tschool-house,  of  which  the  teacher  was  in  rightful,  peaceable  possession,  seized 
him  and  pulled,  dragged  and  threw  him  out  of  the  building,  and  inflicting  serious 
injuries  upon  him ;  they  were  held  guilty  of  a  wrongful  assault  and  battery,  and 
liable  for  the  damage  he  sustained.  White  v.  Kellogg,  119  Ind.  320. 

3.  PRIVATE  SCHOOL.     A  party  can   be  punished    for  disturbing  a   private 
school  in  a  public  school-house.     35  Me.  195;  26  Conn.  607. 

4508.  Title  of  school  property.  The  title  to  all  lands  acquired 
for  school  purposes  shall  be  conveyed  to  the  township,  incorporated 
town,  or  city  for  which  it  is  acquired,  in  the  corporate  name  of  such 
township,  town  or  city,  which  is  used  for  school  purposes,  for  the  use  of 
common  schools  therein.  In  all  cases  in  which  the  title  to  any  such  land 
ted  in  any  other  person  or  corporation  than  as  above  provided,  it 
shall  bi-  tin-  duty  of  the  Trustee,  for  school  purposes  of  the  township, 
town,  or  city,  to  procure  the  title  to  be  vested  as  in  this  section  pro- 
vided. (157) 

1.  TRUST  TITLE— CHANGE  OF  TRUSTEE.  The  corporation  (township,  town, 
or  city  i  holds  the  title  in  trust  for  school  purposes,  and  upon  the  incorporation  of 
:i  town,  it  1>» -i-o mi's  the  Trustee,  and  entitled  t<>  such  real  estate  as  lies  within  its 
houndarie-  Carson  v.  State,  1^7  Ind.  4n'."> ;  Leesl.mx  r.  Plain  Township,  86  id.  582 
--and  can  compel  the  Trustee  of  the  township  to  convey  the  seh<u>l-house  and  lot 
to  it.  School  Township  of  Allen  r.  School  Town  of  Mary,  ]<>!>  Ind.  559. 

•J.  Fi'iiM.vnnN  OF  Tows  KFVKNTE.  If  a  town  is  formed  out  of  a  portion 
of  a  township,  the  School  Trustees  of  the  town  are  entitled  to  demand  and  receive 
of  the  Township  Trn-tcc  the  proportion  of  school  moneys  hi'lon«;ing  to  the  town, 
and  it  is  the  duty  of  the  Township  Trustee  to  ascertain  the  amount  and  pay  it 
over  to  the  Town  School  Hoard.  Johnson  /•.  Smith,  M  Ind.  '27^. 

8  when  a  new  township  i-  created  l>y  a  division  of  the  territory  of  an  exi-t- 
intf  township,  the  former  is  entitled  to  an  equitable  division  of  the  school  fund  be- 
lonirinir.  or  to  he  apportioned,  to  the  town-hip  as  originally  constituted  ;  and  if 
there  lie  no  debt  to  In-  provided  fur.  the  new  township  should  receive  its  propor- 
tionate >hare  of  the  special  school  revenue  and  tuition  fund,  which  should  be  ap- 
portioned upon  the  basis  of  the  enumeration  of  school  children  residing  in  the 
territory  constituting  such  new  township.  Towle  r.  lirown,  110  Ind.  65,  59'.'. 

BcBOOL  I'.M.VKM  ToWN-mr  TIM-TKK.  Under  the  law.  it  is  clearly  the 
duty  of  the  Trustees  of  an  incorporated  town  to  appoint  School  Trustees  for  the 
corporation,  and  I  think  they  can  be  compelled  to  do  so  by  a  writ  of  mandate  from 
the  Circuit  Court.  In  case  the  Township  Trustee  continues  to  control  and  manage 


174 


SCHOOL    LAW    OF    INDIANA. 


the  schools  of  an  incorporated  town  (no  town  School  Trustees  having  been  ap- 
pointed), I  think  that,  under  the  general  principle  that  an  officer  shall  continue  to 
perform  his  duties  till  his  successor  is  appointed  and  qualified,  he  would  be  liable 
on  contracts  made  by  him  in  exercising  such  control  and  management. — Holcombe, 
JSupt. 

4.  CORPORATE  LIMITS — CONDITIONAL  DEED.     A  school  corporation  can  not 
establish  a  school  outside  of  its  territorial  limits.     State  v.  Shields,  56  Ind.  521. 

You  say  that  a  lot  was  deeded  to  a  township  "for  school  purposes,"  and  ask 
if  the  house  built  thereon  will  revert  to  the  original  owner  if  the  Trustee  decides 
to  change  the  location  of  the  school-house.  If  the  above  quotation  is  all  that  is 
expressed  in  the  deed  upon  that  subject,  then  I  think  the  property  will  not  revert 
to  the  original  owner.  -If  the  deed  should  say,  "so  long  as  used  for  school  pur- 
poses," then  I  suppose  it  might  revert  to  the  original  owner. —  Woollen,  Atty.-Oen. 

5.  HIGHWAYS.     Real  estate  and  buildings  held  by  a  school  township  for 
•school  purposes  are  subject  to  appropriation  for  highways,  as  other  private  prop- 
erty.    88  Ind.  453. 

4509.  Use  Of  school-house.  When  a  school-house  is  unoccupied 
t>y  a  common  school  of  the  State,  and  the  people  who  form  the  school  at 
•such  house  desire  that  a  private  school  be  taught  therein,  and  a  majority 
of  them  make  application  to  the  Trustee  having  charge  of  such  house 
.or  the  use  of  it  for  such  private  school,  it  shall  be  the  duty  of  the 
Trustee  to  permit  said  school-house  to  be  used  for  such  private  school  by 
such  teacher  as  may  be  mentioned  in  the  application,  but  not  for  a 
longer  time  than  until  said  house  may  be  wanted  for  a  public  school ; 
and  such  permission  and  use  shall  be  upon  the  condition  that  the  teacher 
employed  in  said  school  shall  report,  in  writing,  to  the  Trustee — 

First  The  number  of  teachers  employed,  distinguishing  between 
male  and  female. 

Second.  The  number  of  pupils  admitted  into  the  school  within  the 
term,  and  the  average  daily  attendance. 

Third.    The  cost  of  tuition,  per  pupil  per  month,  in  said  school.    (158) 

1.  TEACHER'S  REPORT — CARE  OF  HOUSE.     It  is  not  the  intentidn  of  this  sec- 
tion to  deny  the  Trustee  the  right  to  permit  the  use  of  a  school-house  for  a  private 
school,  in  the  absence  of  a  petition,  unless  there  shall  be  a  protest  of  a  majority 
of  the  district  against  such  use.     In  order  to  secure  proper  qualification  on  the 
part  of  the  teacher,  it  is  recommended  that,  other  things  equal,  the  house  be  let 
to  a  teacher  holding  a  valid  license.     To  secure  the  preservation  of  the  house,  it 
is  recommended  that  some  reliable  party  should  be  held  responsible  to  the  Trustee 
for  the  proper  care  of  such  property,  and  for  repair  of  all  damages.     This  party 
may  be  the  teacher  or  some  other,  as  may  be  agreed   upon.     It  is  hoped  that 
Trustees  will  insist  upon  reports  from  teachers,  as  provided  for  in  this  section. — 
HOBS,  Supt. 

2.  TRUSTEE'S  DISCRETION.     The  people  who  form  the  school  at  such  house 
must  be  construed  to  mean  the  persons  entitled  to  vote  at  the  school  meetings. 
The  Trustee  has  no  discretion  as  to  permitting  the  use  of  a  school-house  for  a  pri- 


M  Il'H'L    LAW    oK    INI'IANA. 


175 


school  when  applied  for  as  provided  in  this  section.     He  must  permit  the  use. 
The  teacher  occupying  a  school-house,  under  such  petition,  thereby  obligates  him- 
to  comply  with  the  conditions  contained  in  the  law  as  to  reporting.— Hobbs, 


iaKf  ii 

j     1£ 


3.  APPEAL  TO  COUNTY  STPKRINTHNDENT.     As  the  law  provides  for  holding 
private  schools  in  public  school  buildings,  and  prescribes  the  >teps  to  be  taken  in 
obtaining  permission  to  hold  them,  I  think  section  4537  as  to  appeals  must  be  held 
to  apply  to  the  establishment  of  such  private  schools,  as  well  as  the  regular  public 
schools.     If,  therefore,  the  directions  of  this  section  have  been  complied  with,  and 
the  Trustee  refuses  the  use  of  the  house  for  a  private  school,  an  appeal  may  be 
taken  to  the  County  Superintendent.     If  the  Trustee  refuses  to  obey  the  decision 

Superintendent,  he  may  be  compelled  to  do  so  by  a  writ  of  mandate. — Hol- 
Supt. 

4.  LEASE  FOR  PRIVATE  SCHOOL.     The  Trustee,  of  his  own  motion,  can  not 
lease  the  school-house  for  the  purpose  of  a  private  school.     35  Ohio  St.  143. 

5.  PUBLIC  FUNDS  FOR  PRIVATE  SCHOOL.     The  public  funds  can  not  be  used 
for  a  private  school.     121  111.  297 ;  16  Nev.  373. 

6.  SECTARIAN  SCHOOL  IN  A  PUBLIC  SCHOOL  BUILDING.    It  is  questionable  if 
rian  school  could  be  legally  conducted  in  a  public  school  building.     The 

State  Const,  (section  49)  says:  "  No  man  shall  be  compelled  to  attend,  erect,  or 
support  any  place  of  worship."  As  these  buildings  are  erected  with  public  money, 
the  above  section  of  the  Constitution  seems  to  stand  in  the  way  of  such  use. — 
Varies,  Xtipt. 


[1859,  p.  181.    Approved  Marc-h  3, 1859,  and  in  force  August  6, 1859.] 

4510.     Use  of  school-house.     If  a  majority  of  the  legal  voters  of 

any  -chool  district  desire  the  use  of  the  school-house  of  such  district  for 
other  purposes  than  common  schools,  when  unoccupied  for  common 
school  purposes,  the  Trustee  shall,  upon  such  application,  authorize  the 
Director  of  such  school  district  t<>  permit  the  people  of  such  district  to* 
use  the  house  tor  any  such  purpose,  giving  equal  rights  and  privileges  to 
all  religious  denominations  and  political  parties,  without  any  regard 
whatever  to  the  numerical  strength  of  any  religious  denomination  or 
political  party  of  such  district.  (6) 

1.  NOTE.    The  Trustee,  upon  application  of  a  majority  of  the  legal  voters  of 
a  school  district,  may  authorize   the  Director  to  permit  the   use  of  the  house  for 
other  than  school   purposes,  and  a  complaint   to  enjoin  such  use  must   aver  that  a 
majority  of  the   legal  voters  of  the  district    have  not  expressed   a  desire  therefor. 
Hnrd  9.  Walters,  48  1ml.   14S. 

2.  TRI-  \  Ki;   AM-  nrTY.     The  Trustee  i>  made   responsible   for  the 
rare,  management  and  preservation  of  the  school-houses  in  hi-  school  corporation. 
This  trust    he  can  not  alienate.      It  is  true  that  it  is  hi.s  duty  to   permit  the  school- 
house  to  he  used   for  other  than  school   purposes  when  the  terms  ,,f  the  law  have 
been  complied  with,  but  it  is  equally  true  that  it  is  contemplated   by  the  law  that 
the  Trustee  shall  retain  such  control   of  the  school-house  as  will   enable  him   to 
enforce  the  provisions  of  the  law.      Inasmuch    a>   the   Trustee   must   give   equal 


176 


SCHOOL    LAW    OF    INDIANA. 


rights  and  privileges  to  all  religious  denominations  and  political  parties,  it  is  clear 
that  he  can  not  make  a  contract  with  any  party  by  reason  of  which  one  denomina- 
tion or  one  political  party  shall  obtain  possession  of  the  house  to  the  exclusion  of 
any  other,  except  for  the  time  being,  or  by  which  the  control  of  the  house  shall 
pass  from  his  hands. 

It  is  not  necessary  that  the  voters  of  a  district  petition  the  Trustee  on  each 
separate  occasion  that  the  house  is  desired  for  other  than  school  purposes,  but  if  a 
general  petition  be  filed  with  the  trustee,  in  proper  form,  requesting,  for  example, 
that  the  house  be  used  for  religious  purposes,  he  may  then  permit  the  house  to  be 
so  used  as  occasions  may  require.  In  the  absence  of  an  expressed  desire  on  thfi 
part  of  the  voters  of  a  district,  it  is  held  that  the  Trustee  may,  through  the  spirit 
of  accommodation,  rather  than  by  a  strict  construction  of  the  law,  permit  school- 
houses  to  be  used  for  religious  and  other  public  meetings  when  he  is  satisfied  that 
a  majority  of  the  district  does  not  object. 

In  all  cases  when  school-houses  are  used  for  such  purposes,  it  is  the  duty  of 
the  Trustee  to  prescribe  and  enforce  such  rules  and  regulations  as  will  protect  the 
property  from  injury.  It  is  evident  that  the  provisions  of  this  section  apply  only 
to  districts  in  townships,  and  not  to  cities  and  incorporated  towns. — &?>w/-/.  Xiipt. 

3."  SCHOOL-HOUSE — -WHEN  UNOCCUPIED.  A  think  that  a  school-house  may 
be  construed  as  unoccupied  whenever  it  is  not  being  used  for  school  purposes. 
A  school-house  is  occupied,  in  a  legal  sense,  during  school  hours,  and,  technically, 
unoccupied  at  any  time  after  school  hours.  I  think  that  school-houses  may  be 
used  for  any  lawful  purpose  by  the  citizens  of  the  district  where  it  is  located  in 
the  evenings  and  at  any  time  when  school  is  not  actually  in  session. 

Section  4510,  K.  S.  1881,  provides  that  upon  the  application  of  a  majority  of 
the  voters  of  any  school  district,  the  Trustee  shall  direct  the  Director  to  open  any 
school  house  for  any  of  the  purposes  named  in  said  section.  ( Ilurd  r.  Walters, 
48  Ind.  148).  I  think  it  is  not  unlawful,  upon  proper  request  of  a  majority  of 
the  voters  of  a  district,  to  allow  such  secret  organizations  as  the  Farmers'  Alliance 
or  farmers'  clubs,  by  whatever  name,  to  use  the  school-houses  for  the  purposes  of 
their  meetings'.  I  regard  such  an  organization,  although  secret  in  its  meetings,  as 
'lawful,  and,  being  of  a  political-educational  character,  I  am  fully  convinced  that 
they  are  entitled  to  use  the  school-houses  for  the  purposes  of  their  meetings,  as 
provided  for  in  section  4510.  These  societies  throughout  the  school  districts  of 
the  State  are  composed  of  the  voters  and  patrons  of  such  school  districts.  They 
are  the  people  who  have  built  the  school  houses,  and  who  are  taxed  to  maintain 
them,  and  it  seems  to  me  that  there  is  no  reason,  either  in  hn\;  or  morals,  to  ex- 
clude them  from  the  use  of  such  school-houses.  To  exclude  farmers'  societies 
from  the 'use  of  school-houses  during  the  school  period,  at  times  when  school  is 
not  in  actual  session,  would  be  like  excluding  people  from  peaceable  use  and  en- 
joyment of  their  own  property.  If  the  farming  community  are  excluded  from 
the  use  of  the  country  school-houses,  in  a  great  majority  of  cases  they  would  have 
no  place  to  meet.  While  I  think  they  have  this  right,  the  Directors  should  see 
that  those  who  use  the  school  houses  for  such  purposes  should  keep  them  in  appro- 
priate condition  to  be  used  for  school  purposes.  And  so  long  as  they  do  this  there 
«an  be  but  little  objection,  it  seems  to  me,  on  the  part  of  any  one,  to  the  use  of 
school-houses  for  such  purposes. — A.  G.  Smith,  Atty-Gen. 

4.  CONFLICTING  DECISIONS  AS  TO  USE  OF  PUBLIC  PROPERTY.  The  use  of  a 
public  school-house  for  any  private  purpose,  such  as  the  holding  of  religious  or 


LAW     u]'     j  \  I  >  , 


177 


itical   meetings,  social  gathering-,   and   the  like,   is  unauthorized   l>y  law,  and 
lined,  at  the  in-tancc  of  any  party  injured  thereby;   and  this,  though 
majority  of  th-  ;md  ta.\-paye:>  of  the  district  a— cut  to  -ueh  use  and  an 

adequate  rent  is  paid  therefor.      !•">  Kan. 

Tin-  temporary  use  of  the-  -eh,.<.l-hi>use  for  religious  worship  is  not  forbidden 
by  the  Constitution.     °:>  111.  Dl. 

iTS   may  authorize  the  use  of  a  school-lioii-e   for  religion-  pnrpo-es 
lou;!  11  ;  :,:.  Iowa  11' •!. 

A    public  sehool-lioii-e  c.-iii  not  be  leased   for  Use  of   a  private  or  select  school, 
-uch  u>e  in-  lined  by  any  resident  tax-payer.      .'!•">  Ohio  Si. 

3  can    not    authorixe  the  use  of  ;i  district   school   building   for  tem- 

.ool  purposes.      '2\  Wis.  < 
The  I'.oard  of    hii.  not    authori/.e  the    i  hool-hoii-e   for  the 

Sunday-- 

The  iulial)it:r  liool  district   have  m.  right  to  use  the  M-hool-housv   for 

'1   Sunda\-  -_ain-t   the  objection  of  any  tax-payer  of 

the  di  i  though  tl;e  di-trict  may  have  voted  to  allow  such  use.     'J7  Conn. 


[1865,  i».  1. 


an-1  in  fi.n-e  Murch  <i,  1365.] 


U 


School-house,  when  sold.     The  proper  Trustee  may,  when- 
ouse  shall  have  Uen  removed  to  a  different  location,  or  a 
•d  for  the  school  in  a  different  place,  if  the  laud  whereon 
ituated   belongs  unconditionally  to  the  township,  town  or 
-ell  thf  same,  when,  in  his  opinion,  it  i~  advantageous  to  the  town- 
ship, town  or  i  oiice  that  can  be  obtained 
'    and  upon  tl.                    i  ..f  the  purchase-money  to  the  township, 
town  or  city  Treasurer,  he  .-ball  execute  t<>  the  purchaser  a  deed  of 

-!jall  be  sufficient  to  vest  in  such  purcha-er  all  the 
title  "f  such  township,  town  <>r  city  thereto.  The  money  derived  from 
such  sale  shall  be  a  part  of  the  special  school  revenue.  (149) 

1.  --I  township  for  the  use  of  the  town-hip 

liool    pur;  :    absolute   and    not    a   conditional   convevance;   and   the 

Seeded.      'f he  deed  of   the  township  should    be 

made  in   the  name  of  the  Trustee  of  the  school   township,    and  signed  by  him  as 
such  S'hool  Tru-tee.      School    P.oard-  of  cities  and   towns  may  sell   and  convey  a 
scho.,1  lot  upon  the  condition.-  named   in  this  section.      ''^.\\'.\1,    H38,  4508,  note  4. 
In  the  administration  of  the  law  set  out  in  section  -loll,  three  cases  ft] 

When  the  school-hou-e  is  within  the  limits  of  the  township,  the  Town- 
ship Tru-tee  control-  and  sells  it. 

When  the  school-hou-e  is  situated  within  territory  which   i-  after- 
ward incorporated    into  a  town,  then  the  title  vests  in  the  town,  and   the   propertv 
•rolled  by  the  School  Trustees  of  the  town.     See  27  Ind.  465;  109  Ind.  559; 
86  Ind.  582, 

12 — SCHOOL  LAW. 


178 


SCHOOL    LAW    OF    INDIANA. 


Third.  When  the  school-house  is  located  on  territory  which  is  taken  into  a 
city  by  addition,  then  the  Township  Trustee  controls,  and  sells,  and  credits  the 
special  school  fund  with  amount  of  sale.  See  37  Ind.  415;  60  Ind.  473. —  Varies,. 
Supt. 

But  see  recent  act,  section  451  la. 

[1893,  p.  194.    Approved  and  in  force  March  3,  1893.] 

45 1 1  a.  Whenever  there  has  been,  or  may  hereafter  be,  by  proper  pro- 
ceedings, any  territory  annexed  to  any  city  or  incorporated  town  of  this 
State,  which  territory  included  within  such  boundary  as  annexed  any 
real  estate  which,  prior  to  such  annexation,  was  the  property  of  the 
school  township  adjoining  such  town  or  city,  and  used  for  school  pur- 
poses by  such  school  township,  such  real  estate  shall,  by  virtue  of  such 
annexation,  at  once  become  in  fee  simple  the  property  of  the  school  cor- 
poration of  such  town  or  city  within  the  corporate  boundaries  of  which 
it  is  found  after  such  annexation  of  territory,  and  it  is  hereby  made  the 
duty  of  the  Township  Trustee  to  at  once  execute  and  deliver  to  the  school 
corporation  of  such  town  or  city  a  deed  conveying  such  title  as  his  school 
township  has  for  all  school  property  which  has  passed,  by  such  proceed- 
ings, from  the  territorial  jurisdiction  of  the  township  to  that  of1  a  town 
or  city.  (1) 

1.  Where  there  is  no  express  provision  to  the  contrary,  each  district  will 
remain  liable  for  its  debts  and  retain  its  property,  and  there  will  be  no  merger  of 
districts  until  such  debts  are  paid  and  the  affairs  of  each  settled.     2  Atl.  Rep.  198;, 
64  N.  H.  84;  1  S.  W.  Rep.  363;  63  Mich.  51;  40  Minn.  13;  61  Mo.  176;  96  Pa. 
St.  76;  4  Pa.  St.  35;  133  111.  122;  S.  C.  24  N.  E.  Rep.  529;  82  Me.  180;  55  Conn, 
244;  S.  C.  10  Atl.  Rep.  689;  55  Conn.  144;  78  Iowa  550;  S.  C.  43  N.  W.'Rep.  527; 
76  Texas  302;  75  Mich.  143. 

2.  As  regards  the  liability  of  school  districts,  for  indebtednessj  see  64  N.  H. 
84;  30  West  Va.  424;  S.  C.  4  S.  E.  Rep.  640;  15  Atl.  Rep.  812;  145  Mass.  555; 
S.  C.  14  N.  E.  Rep.  789. 

3.  For  constitutionality  of  the  act,  in  cases  of  indebtedness,  where  obliga- 
tions would  seem  to  be  impaired  by  reason  of  such  transfer,  see  19  Ind.  407 ;  20 
Ind.  398. 

4.  See,  also,  27  Ind.  465 ;  37  Ind.  415  ;  60  Ind.  473 ;  86  Ind.  582 ;  109  Ind.  559. 

45 1  lb.  It  is  hereby  declared  that  an  emergency  exists  for  the  imme- 
diate taking  effect  of  this  act,  and  the  same  shall  be  in  force  from  and 
after  its  passage.  (2) 

[1877,  p.  125.    Approved  and  in  force  March  6, 1877.] 

4512.  School-house  for  several  townships.  The  Trustees  of  two 
or  more  adjacent  counties  or  townships  may  establish  a  new  school  dis- 
trict, and  build  a  school-house  therein  at  the  joint  expense  of  their  sev- 
eral townships,  whenever,  in  their  judgment,  it  shall  appear  necessary 


SCHOOL    LAW    OF    INDIANA.  179 

ie  better  accommodation  of  the  people  of  their  respective  town- 
ships :  Provided,  That  such  necessity  must  be  set  forth  in  a  petition  of 
the  persons  making  the  request — such  petition  to  be  presented  to  each 
of  -aid  Trustees.  And  said  Trustees  shall,  at  the  time  agreed  upon  by 
them,  not  less  than  ten  days  nor  more  than  thirty  days  from  the  time  of 
receiving  such  petition,  hold  a  joint  meeting,  for  the  purpose  of  declar- 
ing whether  such  petition  shall  be  granted,  and  take  such  further  action 
as  the  case  may  require.  (1) 

1.  ADJUSTMENT  OK  KKVKNTE.  It  would  seem  from  the  language  of  the 
statute  that  when  a  joint  district  school  is  established,  parents  and  guardians  liv- 
ing in  the  vicinity  would  have  the  right  to  elect  to  send  their  children  to  it,  even 
though  it  be  out  of  their  own  township.  Such  a  choice  would  generally  necessi- 
tate several  transfers,  but  transfers  can  not  be  made  except  at  the  time  of  taking 
the  enumeration  (sections  447.".,  4474  .  The  proper  way  to  settle  the  difficulty 
would  be  for  the  Trustees  of  the  several  townships  to  pay  to  the  Trustee  of  the 
one  in  which  the  house  is  located  the  revenue  then  on  hand  and  afterward  received 
for  the  benefit  of  the  children  sent  to  the  school  from  their  several  townships,  till 
the  next  enumeration.  The  matter  will  thereafter  adjust  itself. — Smart,  Supt. 
t-ction  4446,  notes  1,  2,  3. 

4513.  Cost  of  erecting.     Each  township  shall  bear  part  of  the 
expense  of  establishing  such  joint  district  school  as  the  number  of  chil- 
dren of  school  age  residing  in  each  township,  and  attaching  themselves 
to  said  new  district  at  the  time  of  the  formation,  bears  to  the  whole 
number  of  children  of  school  age  who  are  attached  to  said  district  at  its 
formation  ;  and  each  township  shall  assume  its  share  of  the  debt  so  in- 
curred.    But  when  said  school  shall  be  established,  it  shall  be  supported 
by  the  town.-hip  in  which  it  is  established,  in  the  manner  already  pre- 
x-rihed  by  law.      (2  id.) 

1.  TITLE,  JOINT.  The  deed  for  the  property  should  be  in  the  name  of  all 
the  corporation-  interested;  but,  after  the  building  is  completed  and  paid  for,  the 
partner-hip  068868,  ami  the  >eliM,,l-h,,u-c  pa-M-s  under  the  control  of  the  Trustee 
<«f  the  township  within  whose  limits  the  house  i-  situated.  Smart,  Supt. 

[1877,  p.  liM.    Approved  Jind  in  force  March  7, 1877.] 

4514.  Donation  and  b<M|iiests.     Whenever  any  person  shall  give 

or  bequeath  unto  Trustees  any  sum  of  money  exceeding  five  thousand 
dollars,  for  the  purpose  of  erecting  a  public  school  building  or  seminary 
in  any  unincorporated  town  in  this  State,  and  upon  the  express  or  im- 
plied condition  contained  in  said  bequest  that  an  amount  equal  thereto 
shall  be  raised  by  the  citizens  of  said  town  or  township  for  a  like  pur- 
pose, the  Township  Trustee  of  said  Township  in  which  said  town  is  situ- 
ated shall,  upon  the  petition  of  a  majority  of  the  legal  voters  of  said 
township,  be  authorized  to  prepare,  issue  and  sell  the  bonds  of  said 


180 


SCHOOL    LAW    OF    INDIANA. 


township,  to  secure  a  loan  not  exceeding  fifteen  thousand  dollars,  in  an- 
ticipation of  the  revenue  for  special  school  purposes,  for  the  purpose  of 
complying  with  the  condition  annexed  to  such  gift  or  devise — said  bonds 
to  bear  a  rate  of  interest  not  exceeding  seven  per  cent,  per  annum,  pay- 
able at  such  time,  within  seven  years  from  date,  as  such  Trustee  may 
determine :  Provided,  That  until  all  the  bonds  of  any  one  issue  shall 
have  been  redeemed,  such  Township  Trustee  shall  not  be  authorized  to 
make  another  issue,  nor  shall  any  such  bonds  be  sold  at  a  less  rate  than 
ninety-five  cents  on  the  dollar.  (1) 

1.     The  County  Board  has  no  power  to  appropriate  money  out  of  the  general 
fund  of  the  county  to  build  a  school-house.     Kothrock  v.  Carr,  56  Ind.  334. 

4515.  Majority  of  voters.     The  whole  number  of  votes  cast  for 
candidates  for  Congress  at  the  last  preceding  congressional  election  in. 
the  township  shall  be  deemed  to  be  the  whole  number  of  legal  voters  of 
such  township,  a  majority  of  whose  names  shall  be  signed  to  the  petitioo 
presented  to  such  Township  Trustee ;  to  which  petition  shall  be  attached 
the  affidavit  or  affidavits,  as  such  Trustee  may  deem  necessary,  of  a 
competent  and  credible  person  or  persons  that  the  signature  of  all  the 
names  to  said  petition  are  genuine,  and  that  the  persons  whose  names 
are  thereto  signed  are,  as  he  believes,  legal  voters  of  such  township.    (2) 

4516.  Sale  Of  bonds.   The  Township  Trustee  shall  record  such  peti- 
tion, together  with  the  names  attached,  in  the  record-book  of  his  town- 
ship, and  carefully  file  away  and  preserve  said  petition,  and  shall  enter 
in  such  record  a  statement  of  the  time  when  such  petition  was  filed; 
and,  if  said  Trustee  shall  then  be  satisfied  that  said  petition  contains  the 
names  of  a  majority  of  the  legal  voters  of  said  township,  he  shall  then 
prepare,  issue,  and  sell  bonds  to  the  amount  petitioned  for  in  such  peti- 
tion, as  provided  in  section  1  of  this  act  (section  4514),  and  shall  accu- 
rately keep  a  record  of  all  proceedings  in  and  about  the  issue  and  sale 
of  such  bonds,  to  whom,  and  for  what  amount  sold,  the  rate  of  interest 
they  bear,  and  the  time  when  they  become  due.     (3) 

[1881,  p.  592.    Approved  and  in  force  April  16, 1881.] 

4517.  Site  for  school-house— Eminent  domain.    Whenever,  in 
the  opinion  of  Trustees  of  school   corporations   or   of  the   Township 
Trustee  of  any  township  in  this  State,  it  shall  be  considered  necessary  to 
purchase  any  real  estate  on  which  to  build  a  school-house,  or  for  any 
other  purpose  connected  therewith,  Such  Township  Trustee  or  School 
Trustees,  or  a  majority  of  them,  may  file  a  petition  in  the  Circuit  Court 
of  said  county,  asking  for  the  appointment  of  appraisers  to  appraise  and 
assess  the  value  of  said  real  estate.     (1) 


^a*A*y7 
"    or  T»» 

UNIVERSITY 


'  ruste 


SCHOOL    LAW    OF   INDIANA.  181 

LOCATIONS.  The  question  as  to  where  school-houses  shall  be  located,  and 
land  shall  be  acquired  for  that  purpose,  is  left  to  the  sound  discretion  of  the 
e;  and,  upon  an  application  by  the  Trustee  to  the  Circuit  Court  to  acquire 
i  ind  for  a  school-house,  questions  respecting  the  location  selected  are  not  triable. 
'  he  method  of  trying  such  questions  is  by  appeal  to  the  County  Superintendent, 
;  s  provided  by  section  4537.  Braden  r.  McNutt,  114  Ind.  214. 

2.  SCHOOL  TOWNSHIP  BUILDS.     The  school  township,  and  not  the  civil  town- 
hip,  must  build  the  school  house;  and  a  note  given  by  the  civil  township  for  the 
ost  of  constructing  a  school-house  is  void.     Wingate  v.  Harrison  School  Town- 
hip,  59  Ind.  520. 

3.  DISAGREEMENT  AMONG  TRUSTEES,    In  cities  and  towns  the  School  Trustee*, 
.etermine  where  and  when  a  school-house  is  necessary  aad  convenient,  and  a  con- 
ract  by  the  Trustees  for  the  building  of  such  school-house  is  binding,  although 
»ne  of  the  Trustees  protested  against  it.    Crist  r.  Brownsville  Township,  10  Ind.  461. 

4.  FRAUD.     An  action  may  be  maintained  to  enjoin  the  construction  of  a 
chool-house,  on  the  ground  of  fraud  on  the  part  of  the  Township  Trustee,  in  the 
naking  of  the  contract,  in  the  name  of  the  State  for  the  use  of  the  civil  township; 
ind  the  remedy  provided  for  an  appeal  to  the  County  Superintendent,  is  not  in 
-uch  a  case  exclusive,  and  does  not  prevent  the  bringing  of  the  action.     State  v. 
Earhart,  27  Ind.  119. 

5.  COUNTY  BOARD  OF  COMMISSIONERS.    A  County  Board  of  Commissioners 
•an   not  make   an   allowance   to   build    a  school-house.     Rothrock   v.   Carr,    55 
Ind.  334. 

4518.  Appraisers.     Upon  eaid"  petition  being  filed  (the  owner  or 
owners  of  said  real  estate  having  had  ten  days'  notice  of  the  pendency 
thereof),  the  Court  shall   appoint   three  freeholders,  resident  in  said 
school  corporation  or  said  township  where  said  real  estate  is  situate,  to 
appraise  and  assess  the  value  thereof.     (2) 

4519.  Appraisement—  Payment     Said  appraisers,  before  making 
said   assessment  and  appraisement,  shall  take  an  oath  before  the  Clerk 
of  said  court  to  make  a  fair,  true,  and  honest  appraisement  of  said  real 
estate  ;  and  shall  then  proceed  to  examine  said  real  estate,  hear  such 
evidence  as  they  may  consider  necessary,  and  make  report  of  their  ap- 
prai-cmcnt  within  five  days  after  their  appointment.     Upon  said  report 
Iteintr  filed,  the  owner  or  owners  of  said  real  estate  may  except  to  the 
same  for  any  cause,    and   a    trial    thereon   may  be  had   in   said  court. 
When  the  value  of  said   real  estate  is  finally  determined  in  said  court, 
the  Township  Trustees  or  School   Trustees  may  pay  to  the  Clerk  of  said 
court,  for  the  use  of  the  owner  of  said  real  estate,  the  amount  so  deter- 
mined, and.  upon  payment  thereof,  the  title  to  said  real  estate  vest  in 
said  school  corporation  for  said  purposes.     (3) 

1.  The  question  when  and  where  a  school  shall  be  located  is  loft  to  the  <1is- 
«-retion  of  the  Trustees;  and  that  question  can  not  be  tried  on  condemnation  pro- 
ceedings. 114  Ind.  214. 


182 


SCHOOL    LAW    OF   INDIANA. 


ARTICLE  VIII.— TEACHERS'  INSTITUTES. 


[1889,  p.  67.    Approved  and  in  force  March  2, 1889.] 

4520.  Township  Institutes.  At  least  one  Saturday  in  each  month 
during  which  the  public  schools  may  be  in  progress  shall  be  devoted  to 
Township  Institutes,  or  model  schools  for  the  improvement  of  teachers ; 
and  two  Saturdays  may  be  appropriated,  at  the  discretion  of  the  Town- 
ship Trustee  of  any  township.  Such  Institute  shall  be  presided  over  by 
a  teacher,  or  other  person,  designated  by  the  Trustee  of  the  township. 
The  Township  Trustee  shall  specify,  in  a  written  contract  with  each 
teacher,  that  such  teacher  shall  attend  the  full  session  of  each  Institute 
contemplated  herein,  or  forfeit  one  day's  wages  for  every  day's  absence 
therefrom,  unless  such  absence  shall  be  occasioned  by  sickness,  or  such 
other  reason  as  may  be  approved  by  the  Township  Trustee,  and  for  each 
day's  attendance  at  such  Institute  each  teacher  shall  receive  the  same 
wages  as  for  one  day's  teaching :  Provided,  That  no  teacher  shall  receive 
such  wages  unless  he  or  she  shall  attend  the  full  session  of  such  Insti- 
tute and  perform  the  duty  or  duties  assigned. 

1.  TRUSTEE  MUST  NOTIFY  TEACHERS.     Where  a  school  teacher  has  no  notice 
when  an  Institute  in  his  township  will  be  held,  and  he  has  not  been  negligent  in 
ascertaining  the  date  thereof,  he  is  not  liable  to  a  forfeiture  of  wages.     It  is  not 
the  duty  of  the  teacher  to  go  to  the  School  Trustee  and  ascertain  the  time  of 
holding  the  monthly  Institute ;  but  it  is  the  duty  of  the  Trustee  to  designate  the 
day  on  which  the  same  will  be  held,  and  notify  the  teachers  of  such  fact.     The 
teacher  has  a  right  to  rely  upon  the  Trustee  doing  his  duty,  and  should  not  suffer 
through  the  non-performance  of  such  duty. — Baldwin,  Atty.-Gen. 

2.  TEACHERS  MUST  TAKE  PART.     The  object  of  this  Institute  is  the  improve- 
ment of  the  teachers  of  the  township.     It  seems  to  me  that  all  the  powers  neces- 
sary to  carry  out  this  object  are  by  common  law  conferred  upon  the  persons 
managing  the  Institute.     The  object  of  the  Institute  will  utterly  fail  unless  the 
teachers  attending  take  part  in  the  exercises.     I  think,   therefore,  the  contract 
which  the  Trustee  makes  with  the  teachers,  in  relation  to  Township  Institutes, 
necessarily  requires  the  teachers  to  perform  such  reasonable  exercises  and  duties 
as  may  be  assigned  to  them.     Indeed,  the  statute  provides  that  the  Trustee  may 
designate  one  of  the  teachers  to  preside  over  the  Township  Institute.     I  am  of  the 
opinion  that  the  mere  presence  of  a  teacher  at  a  Township  Institute  does  not  fill 
the  requirements  of  the  law. — Smart,  Supt. 

I  think  that  mere  presence  at  the  Institute  is  not  a  full  compliance  with  the 
spirit  of  the  law.  The  law  contemplates  active  participation  in  the  exercises  of 
the  Institute. — Bloss,  Supt. 

3.  ATTENDANCE    COMPULSORY.      It  is  the  duty  of  a  Township  Trustee  to 
contract  with  all  teachers  employed  by  him  to  attend  Township  Institutes.     It  is 
his  duty  to  provide  for  holding  such  Institutes,  and  to  see  that  they  are  held. 


SCHOOL    I.\W    «>F    INDIANA. 


183 


A.  mandate  of  Court  may  he  obtained  to  compel  the  Trustee  to  perform  both  these 
hides.  I  think  that,  even  though  the  Trustee  had  failed  to  make  awritten  contract 
with  the  teachers,  he  could  require  them  to  attend  the  Institutes. — Hoicomb>\  Xujit. 

4.  PAID  our  OF  SPECIAL  SCHOOL  FUND.  Teachers  should  be  paid  for  attend- 
ance upon  Township  Institutes  out  of  the  special  school  fund.  This  is  authorized 
under  "other  necessary  expenses  of  the  school."  (Sec.  4467.) 

Such  expense  could  not  be  paid  out  of  the  tuition  revenue. —  Fortes,  Supt. 


[1865,  p.  3.    Approved  and  in  force  March  6,  1865.] 


4521.  County    Institutes.      In   order   to   the    encouragement   of 
Teachers'  Institutes,  the  County  Auditors  of  the  several  counties  of  this 
State  shall,  whenever  the  County  Superintendent  of  such  county  shall 
file  with  said  Auditor  his  official  statement,  showing  that  there  has  been 
held,  for  five  days,  a  Teachers'  Institute  in  said  county,  with  an  aver- 

t tendance  of  twenty-five  teachers,  or  of  persons  preparing  to  become 
such,  draw  his  warrant  on  the  County  Treasurer,  in  favor  of  said  County 
Superintendent,  for  thirty-five  dollars ;  and  in  case  there  should  be  an 
average  attendance  of  forty  teachers,  or  persons  preparing  to  become 
such,  then  the  said  County  Auditor  shall  draw  his  warranton  the  Treasurer 
for  fifty  dollars,  for  the  purpose  of  defraying  the  expenses  of  said  Insti- 
tute :  Provided,  however,  That  but  one  of  said  payments  be  made  in  the 
same  year.  (159J 

1.  SrpF.RivrFN  DENT'S  DUTY  AND  PAY.  Such  an  institute  as  is  contemplated 
by  the  law  i-  tint  a  voluntary  association,  but  a  teachers'  meeting,  at'the  head  of 
which  i>  the  County  Superintendent.  He,  therefore,  has  no  right  to  surrender  it 
into  the  hands  of  an  incompetent  director,  nor  to  permit  a  course  of  procedure  by 
any  one,  or  by  the  Institute  itself,  by  which  time  shall  be  wasted  or  unsatisfactory 
work  done.  The  teachers  are  there  to  be  instructed,  and  the  Superintendent  inu>t 
necessarily  take  the  responsibility  of  the  Institute  upon  himself.  The  money  which 
the  Auditor  is  authorised  to  pay  is  to  defray  the  expenses  of  the  Institute  exclusive 
of  the  jwr  rlifut  of  the  Superintendent,  whose  compensation  must  be  obtained  in  the 
usual  way.  lie  is  also  entitled  to  his  per  diem  for  reasonable  services  in  making 
preparations  for  the  Institute. — Smart,  Supt. 

4522.  Schools  closed.     When  any  such  Institute  is  in  session,  the 
common  schools  of  the  county  in  which  said  Institute  shall  be  held  shall 
be  closed.     (160) 

4523.  Sessions.     The  several  County  Superintendents  are  hereby 
required,  as  a  part  of  their  duty,  to  hold,  or  cause  to  be  held,  such 
Teachers'  Institutes  at  leaet  once  in  each  year  in  their  respective  counties. 
(161) 


184 


SCHOOL   LAW    OF    INDIANA. 


ARTICLE   IX— FREE  LIBRARIES. 


[1883,  p.  103.    Approved  March  5, 1883,  and  in  force  June  5, 1883.] 

4524.  In  cities  and  towns.  In  all  the  cities  and  incorporated  towns 
in  this  State  the  Board  of  School  Trustees,  Board  of  School  Commission- 
ers, or  .whatever  Board  may  be  established  by  law  to  take  charge  of  the 
public  or  common  schools  of  such  city  or  incorporated  town,  shall  have 
power,  if  in  their  discretion  they  deem  it  to  the  public  interest,  to  estab- 
lish a  free  public  library  in  connection  with  the  common  schools  of  such 
city  or  incorporated  town,. and  to  make  such  rules  and  regulations  for 
the  care,  protection  and  government  of  such  library,  and  for  the  care  of 
the  books  provided  therefor,  and  for  the  taking  from  and  returning  to 
said  library  of  such  books,  as  the  said  Board  may  deem  necessary  and 
proper,  and  to  provide  penalties  for  the  violation  thereof:  Provided. 
That  in  any  city  or  incorporated  town  where  there  is  already  established 
a  library  open  to  all  the  people,  no  tax  shall  be  levied  for  the  purpose 
herein  named.  (1) 

1.  AMENDMENT.     As  enacted  in  1881,  the  benefits  of  this  law  were  confined 
to  cities  of  ten  thousand  inhabitants,  but  the  amendment  of  this  section,  in  force 
June  5,  1883,  extended  them  to  all  cities  and  incorporated  towns. 

2.  See  sections  3782-3815,  R.  S.  1881,  and  for  amendments  to  these  sections 
see  Acts,  1883,  p.  200;  Acts,  1885,  pp.  9  and  120. 


[1885,  p.  120.    Approved  and  in  force  April  2,1885.] 

4524a.  Libraries  in  certain  cities.  Wherever  the  Board  of 
Directors  of  a  library  heretofore  situate  within  the  limits  of  any  incor- 
porated town  may  have  filed  the  agreement  and  request  with  the  Board 
of  Trustees  of  said  town,  provided  for  in  an  act  entitled  "An  act  sup- 
plementary to  an  act  entitled  an  act  to  establish  public  libraries,"  ap- 
proved February  16,  1852,  approved  March  8,  1883,  and  the  Board  of 
Trustees  of  such  town  may  have  levied  a  tax  for  the  support  of  such 
library  in  pursuance  of  such  request  and  agreement  and  in  accordance 
with  said  act,  and  such  town  may  afterward  have  become  incorporated 
as  a  city,  the  Comipon  Council  of  such  city  shall  have  all  the  powers  to 
levy  tax,  and  do  all  other  things  granted  by  said  act  above  named  to 
Trustees  of  towns,  and  all  the  provisions  of  said  act  applicable  to  such 
library,  and  its  relations  to  the  town  before  its  incorporation  as  a  city 
shall,  after  such  incorporation,  be  applicable  to  such  library,  and  its 
relations  to  such  city.  (1) 


II 
I 


SCHOOL    LAW    (iK    INDIANA.  185> 


[1881,  p.  47.    Approved  and  in  force  March  7, 1881.] 

4525.  Tax  to  maintain.    Such  Board  shall  also  have  power  to 
evy  a  tax  of  not  exceeding  one-third  of  a  mill  on  each  dollar  of  taxable 
property  assessed  for  taxation  in  such  city  in  each  year;  which  tax  shall 
oe  placed  on  the  tax  duplicate  of  such  city,  and  collected  in  the  same 
manner  as  other  taxes ;  and,  when  said  taxes  are  collected,  they  shall  be 
paid  over  to  the  said  Board  for  the  support  and  maintenance  of  said 
public  library.     Such  Board  shall  have  power,  and  it  shall  be  its  duty 
to  disburse  said  fund,  and  all  revenues  derived  from  gift  or  devise,  in 
providing  and  fitting  up  suitable  rooms  for  such  library ;  in  the  purchase, 
care,  and  binding  of  books  therefor ;  and  in  the  payment  of  salaries  to 
a  librarian  and  necessary  assistants.     (2) 

4526.  Real  estate.     Any  such  city  in  which  a  free  public  library 
may  be  established  in  accordance  with  the  terms  of  this  act  may  acquire- 
by  purchase,  or  take  and  hold  by  gift,  grant,  or  devise,  any  real  estate- 
necessary  for,  or  which  may  be  donated  or  devised  for,  the  benefit  of 
such  library ;  and  all  revenues  arising  therefrom,  and  the  proceeds  of 
the  same,  if  sold,  shall  be  devoted  to  the  use  of  said  library.     (3) 

[1885,  p.  160.    Approved  and  in  force  April  8, 1885.] 

4526a.  Real  estate  for  libraries.  In  any  case  in  which  the 
Board  of  School  Trustees  of  any  city  of  this  State  have  purchased  any 
real  estate  for  the  use  of  a  public  library  of  said  city,  under  sections 
4524,  4525  and  4526  of  the  Revised  Statutes  of  1881,  and  the  revenue 
derived  from  taxation  under  said  sections  may  have  been  or  shall  be  in- 
sufficient to  pay  for  such  real  estate,  then  said  Trustees  be  and  they  are 
hereby  authorized  to  pay  for  the  same  out  of  any  money  in  the  treasury 
<>f  such  school  city  belonging  to  the  special  school  fund  thereof.  (1) 

[1891,  p.  .T7.     Approved  and  in  for<-e  February  LV>,  1891.] 

4527.  School  and   library  lax    in   cities  of  30,000.      In  all 

cities  nt'  the  State  of  Indiana  \vhere  Boards  of  School  Commissioners- 
have  been  elected  and  are  inana.irin.ir  the  school  affairs  of  said  city 
under  an  act  of  the  (iencral  A.-semhly  of  the  Suite  .,f  Indiana,  entitled 
''An  avt  providing  for  a  general  system  of  common  schools  in  all  cities 
of  thirty  thousand,  or  more,  inhabitants,  and  for  the  election  of  a  Board 
100]  ('oiimii.-sioiu-rs  for  such  cities,  and  defining  their  duties  and 
prescribing  their  powers,  and  providing  tor  common  school  libraries 
within  such  cities,  approved  Man-h  •">.  1*71.  and  the  various  acts  of  the 
General  .Weinbly  amendatory  thereof,  and  supplemental  thereto,  and 


186 


SCHOOL    LAW    OF   INDIANA. 


in  which  the  office  of  City  Treasurer  has  been,  or,  hereafter,  may  be, 
abolished  under  and  by  virtue  of  an  act  of  the  General  Assembly  of  the 
State  of  Indiana,  entitled,  'An  act  concerning  taxation  for  city  and 
school  purposes  in  cities  containing  a  population  of  over  seventy  thousand, 
af  shown  by  the  last  census  of  the  United  States ;  to  abolish  the  offices 
of  City  Assessor  and  City  Treasurer  in  such  cities,  and  provide  for  the 
discharge  of  the  duties'  of  such  offices,  and  repealing  laws  in  conflict 
therewith,  approved  February  21,  1885, '"  such  Boards  of  School  Com- 
missioners be  and  they  are  hereby  authorized  and  empowered,  in  the 
manner  and  form  in  which  they  are  now  by  law  authorized  to  levy  taxes, 
levy  taxes  for  the  support  of  the  schools  within  such  city,  including 
such  taxes  as  may  be  required  for  paying  teachers,  in  addition  to  the 
taxes  now  authorized  to  be  levied  by  the  General  Assembly  of  the  State 
of  Indiana,  not  to  exceed,  however,  in  any  one  year,  the  sum  of  twenty- 
five  cents  on  the  one  hundred  dollars  of  the  taxable  property  as  shown 
by  the  certificate  showing  the  assessment  and  valuation  for  taxation  of 
all  taxable  real  and  personal  and  railroad  property  of  such  city,  required 
to  be  delivered  to  said  Board  of  School  Commissioners  by  section  8  of 
the  said  act  of  the  General  Assembly  of  the  State  of  Indiana,  approved 
February  21,  1885,  and  also  to  levy  a  tax  each  year  not  exceeding  four 
cents  on  each  one  hundred  dollars  of  the  taxable  property  in  said  city, 
as  shown  by  said  certificate,  for  the  support  of  free  public  libraries,  in 
connection  with  the  common  schools  of  said  city,  and  to  disburse  any  and 
all  revenues  raised  by  such  tax  levied  for  library  purposes,  in  the  pur- 
chase of  books  and  in  the  fitting  up  of  suitable  rooms  for  such  libra- 
ries, salaries  to  librarians  and  other  expenses  necessarily  incident  to  the 
maintenance  of  such  library ;  also,  to  make  and  enforce  such  regulations 
as  they  may  deem  necessary  for  the  taking  out,  and  returning  to,  and 
for  the  proper  care  of  all  books  belonging  to  such  libraries, -and  to  pre- 
scribe penalties  for  the  violation  of  such  regulations.  (1) 

4527a.  County  Treasurer  reports  to  Board  of  School  Commis- 
sioners. In  all  cities  in  the  State  of  Indiana,  where  Boards  of  School 
Commissioners  have  been  elected  and  are  managing  the  school  aifairs  of 
said  city,  under  and  by  virtue  of  said  act  of  the  General  Assembly  of 
the  State  of  Indiana,  approved  March  3,  1871,  and  in  which  the  office 
of  City  Treasurer  has  been,  or  may  hereafter  be,  abolished,  under  and 
by  virtue  of  said  act  of  the  General  Assembly  of  the  State  of  Indiana, 
approved  February  21,  1885,  as  mentioned  and  described  in  the  first 
section  of  this  act,  it  shall  be  the  duty  of  the  County  Treasurer,  on  and 
after  making  his  settlement  with  the  County  Auditor  on  the  third  Mon- 
day of  April,  1891,  and  the  payment  to  the  Board  of  School  Commis- 
sioners of  the  amount  by  such  settlement  found  to  be  due  to  it,  as 


LAW    OF    INDIANA.  1ST 


•equired  by  section  13  of  the  last  above  named  act,  at  the  close  of  each 
•alendar  month,  to  make  report,  duly  veritied  l»y  his  oath,  to  said  Board 
•f  School  Commissioners  of  all  taxes  and  delinquent  taxes  collected 
•vithin  said  month,  and  thereafter,  upon  demand  of  the  Treasurer  of  >aid 
Board  of  School  Commissioners,  to  pay  to  him,  for  the  use  of  said  Board 
>f  School  Commissioners,  the  full  amount  of  said  taxes  and  delinquent 
taxes  shown  by  said  report  to  have  been  collected.  Upon  such  payment 
being  made,  the  Treasurer  of  the  Board  of  School  Commissioners  shall 
execute  to  said  County  Treasurer  his  receipt  for  the  amount  of  money 
so  paid,  which  receipt  the  latter  shall  deliver  to  the  Secretary  of  the 
Board  of  School  Commissioners,  who  shall  give  him  a  quietus  therefor, 
and  credit  said  County  Treasurer  with  the  amount  thereof,  and  charge 
such  amount  to  the  Treasurer  of  said  Board  of  School  Commissioners. 
(2) 

I527d.  County  Treasurer's  credits.  Said  County  Treasurer 
shall,  thereafter  in  his  settlement  with  the  County  Auditor,  made  as 
required  by  law,  on  the  third  Monday  of  April,  and  the  first  Monday  of 
November,  in  each  year,  present  such  quietuses  to  the  County  Auditor, 
who  shall  give  such  County  Treasurer  credit  therefor  as  against  the  sums 
with  which  he  is  chargeable  upon  account  of  the  collection  of  such  school 
taxes.  (3) 


NOTE.     This  act  has  a  general  repealing  section.     The  act  repeals  the  act  of 
1889,  p.  432,  on  the  same  subject, 

[1891,  p.  35.    Approved  and  in  force  February  26, 1891  .J 


452  7e.  Bonds  for  library  buildings.  In  all  cities  in  the  State  of 
Indiana  where  Boards  of  School  Commissioners  have  been  elected  and 
are  managing  the  school  affairs  of  said  city  under  an  act  of  the  General 
Assembly  of  the  State  of  Indiana,  entitled,  "An  act  providing  for  a  gen- 
eral system  of  common  schools  in  all  cities  of  thirty  thousand,  or  more, 
inhabitants,  and  for  the  election  of  a  Board  of  School  Commissioners  for 
sueh  cities,  and  defining  their  duties  and  prescribing  their  powers,  and 
providing  tor  common  school  libraries  within  such  cities,"  approved 
March  *.y>,  1*71,  and  the  various  acts  of  the  General  Assembly  amenda- 
tory thereof  and  supplemental  thereto,  Mich  Board  of  School  Commis- 
sioners be  and  they  are  herehy  authorized  and  empowered  to  issue  bunds 
in  any  sum  not  exceeding  one  hundred  thousand  dollars,  for  the  purpose 
of  erecting  buildings  for  library  and  school  offices,  to  be  used  in  connec- 
tion with  the  common  school-  of  .-aid  city.  Such  bonds  to  bear  interest, 
not  exceeding  five  per  cent,  per  annum,  payable  after  eleven  years  from 
the  date  thereof,  and  within  twenty  years  from  the  date  thereof,  as  fol- 


188 


SCHOOL    LAW   OF    INDIANA. 


lows,  to-wit :  One-tenth  thereof  to  be  paid  eleven  years  from  date,  and 
one-tenth  thereof  to  be  paid  each  succeeding  year  until  all  are  paid ;  the 
money  obtained  from  the  sale  of  such  bonds  shall  be  disbursed  by  said 
Board  of  School  Commissioners  in  the  erection  of  a  building  for  the 
library  and  school  offices,  to  be  used  in  connection  with  the  common 
-schools  of  said  city.  Such  bonds  shall  be  designated  '  *  Library  Building 
Bonds,"  and  may  be  issued  in  such  denominations,  and  in  such  sums, 
from  time  to  time,  as  the  Board  of  School  Commissioners  may  deem 
expedient ;  and  each  of  said  bonds  shall  upon  its  face  designate  the  date 
of  the  maturity  thereof:  Provided,  That  at  no  time  shall  the  amount  of 
bonds  so  issued  for  such  purpose  by  any  such  board  exceed  the  sum  of 
one  hundred  thousand  dollars ;  and  that  said  Board  of  School  Commis- 
sioners shall  have  no  power  to  issue  any  renewal  thereof,  but  the  same 
shall  be  paid  at  maturity,  as  hereinafter  provided  :  And,  provided  further, 
That  such  bonds  shall  not  be  sold  for  less  than  their  par  value.  (1) 

4527f.  Payment  of  bonds.  If  the  Board  of  School  Commission- 
ers in  any  city  shall  exercise  the  powers  granted  to  it  by  this  act,  it  shall 
provide  for  the  payment  of  said  bonds  as  follows ;  at  the  time  of  the 
levying  of  the  taxes  for  the  year  which  shall  be  collectible  immediately 
before  the  maturity  of  the  first  maturing  of  said  bonds.  Said  board  of 
School  Commissioners  shall  levy,  in  addition  to  the  levy  of  taxes  they 
may  be  authorized  to  make  for  other  purposes,  a  tax  upon  all  property 
subject  to  taxation  by  it,  sufficient  to  pay  the  first  maturing  of  such 
bonds,  and  apply  the  money  raised  thereby  to  the  payment  thereof;  and 
each  year  thereafter  said  Board  of  School  Commissioners  shall  levy  such 
lax,  and  apply  the  proceeds  thereof  to  the  payment  of  the  bonds  succes- 
sively maturing  until  all  have  been  paid.  (2)  , 

NOTE.     This  act  has  a  general  repealing  section. 


TOWNSHIP  LIBRARIES. 

[1866,  p.  3.    Approved  and  in  force  March  6, 1865.J 

4529.  Township  Trustee  in  charge.    Such  library  shall  be  in 
charge  of  the  Township  Trustee,  shall  be  deemed  the  property  of  the 
township,  and  shall  not  be  subject  to  sale  or  alienation  from  any  cause 
whatever.     (136) 

4530.  Trustee's  duties.     Such  Trustee  shall  be  accountable  for  the 
preservation  of  said  library ;  may  prescribe  the  time  of  taking  and  the 
period  of  retaining  books ;  assess  and  recover  damages  done  to  them  by 


SCHOOL    LAW    or    INDIANA.  189 

and  adopt  regulations  necessary  for  their  preservation  and 

He  shall  provide  hook-rax-  :  also,  blank  hooks,  ruled,  in 
which,  to  keep  an  account  of  hooks  taken  out  and  returned;  ami  report 
the  number  each  year  to  the  County  Superintendent.  At  the  com- 
mencement of  each  school  term,  at  each  school-house  in  the  township, 
he  shall  cause  a  notice  to  be  posted  up,  stsitinjr  where  the  library  is  kept, 
and  invitinjr  the  free  use  of  the  books  thereof  by  the  persons  of  the 
town-hip.  (l:',7 

4531.  Use  of  books.     Every  family  in  the  township  shall*  be  enti- 
tled to  the  use  of  two  volumes  at  a  time  from  said  library,  whether  any 
member  of  such  family  shall  attend  school  or  not.     (138) 

4532.  Where  kept.     The  Trustee  may  deposit  the  library  at  some 
central  or  eligible  place  in  the  township,  for  the  convenience  of  scholars 
and  families,  and  may  appoint,  for  that" purpose,  a  librarian  to  have  the 
-care  and  superintendence  thereof.     (139) 

1.  PAY  OF  LIBRARIAN.  When  the  Township  Trustee  employs  a  Township 
Librarian,  he  has  authority  to  make  a  contract  to  pay  him  so  much  per  year.  The 
power  to  appoint  a  librarian  gives  the  Trustee  the  power  to  secure  the  acceptance 
•of  such  appointment  by  paying  a  sufficient,  but  reasonable,  compensation.  There 
is  no  statute  fixing  a  fee  for  such  work,  but  the  same  is  to  be  paid  for  out  of  the 
township's  general  fund  for  ordinary  township  purposes. — Baldwin,  Atfy-Gen. 

4533.  When  open.     The  library  shall  be  open  to  all  persons  enti- 
tled to  its  privileges  throughout  the  year,  without  regard  to  school  ses- 
isions,  Sundays  and  holidays  excepted.     (140) 

[1885,  p.  9.    Approved  and  in  force  February  18, 1885.] 

4533a.  Tax  levy  for  library.  Any  township  in  which  there  has 
been,  or  may  hereafter  be,  established  by  private  donations,  a  library  of 
the  value  of  one  thousand  dollars,  or  more,  for  the  use  and  benefit  of  all 
the  inhabitants  thereof,  the  Township  Trustee  of  such  township  shall 
Annually  levy  and  collect  not  more  than  one  cent  on  the  hundred  dollars 
upon  the  taxable  property  within  the  limits  of  such  township,  which 
shall  be  paid  to  the  trustees  of  such  library,  and  be  applied  by  them  to 

I  the  purchase  of  books  for  said  library,  and  may,  with  the  consent  of  the 
Board  of  Commissioners  of  the  county,  when  it  shall  become  necessary 
to  erect  or  enlarge  a  library  building,  annually,  for  such  period  as  may 
be  necessary,  levy  and  collect  not  more  than  five  cents  on  the  one  hun- 
dred dollars  upon  the  taxable  property  of  said  township,  for  not  more 
than  three  years  successively,  which  shall  be  expended  by  the  trustees 
in  the  erection  or  enlargement  of  a  library  building.  (1) 


190 


SCHOOL    LAW    OF    INDIANA. 


1.  When  the  Young  People's  Reading  Circle  books  shall,  collectively,  even 
though  they  may  be  distributed  to  the  several  district  schools  in  the  township,, 
amount  to  one  thousand  dollars  in  value,  I  think  the  Trustee  of  such  township 
would  be  warranted,  by  the  above  statute,  in  levying  a  tax  of  one  cent  on  the  one 
hundred  dollars  of  taxables  for  the  support  and  addition  to  such  library. —  Vo /•/>*. 
Supt. 

2.  If  the  people  of  the  several  districts,  or  the  pupils  of  the  several  schools,, 
should  appoint  trustees,  in  some  uniform   way,  as  they  may  choose,  I  think  the 
intent  of  the  above  section  would  be  fully  complied  with. —  Vories,  Supt. 


ARTICLE  X— GENERAL  PROVISIONS. 


[1865,  p.  3.    Approved  and  in  force  March  6, 1865.] 

4534.  Suits,  how  brought.    Suits  brought  on  behalf  of  the  schools- 
of  any  township,  town  or  city,  shall  be  brought  in  the  name  of  the  State 
of  Indiana,  for  the  use  of  such  township,  town  or  city.     (145) 

1.  NOTE.     An  action  brought  in  the  name  of  the  State,  for  the  use  of  a  cityr 
"as  a  distinct  municipal  corporation  for  school  purposes,"  is  rightly  brought- 
Hadley  v.  State,  66  Ind.  271. 

2.  Bringing  an  action  in  favor  of  the  township  without  designating  it  as  a 
school  township  will  be  construed  as  bringing  it  in  favor  of  the  civil  township,, 
and  not  in  favor  of  the  school  township.     Utica  Township  v.  Miller,  62  Ind.  230  -r 
Jarvis  v.  Shelby  Township,  62  Ind.  257. 

4535.  Costs.     Any  person  who  shall  sue  for,  or  on  account  of,  any 
decision,  act,  refusal  or  neglect  of  duty  of  the  Township  Trustee,  for 
which  he  might  have  had  an  appeal,  according  to  the  provisions  of  the 
preceding  section,  shall  not  recover  costs.     (146) 

1.  NOTE.  The  " preceding  section"  here  referred  to  evidently  means  #4537. 
The  costs  are  the  costs  made  in  the  court. 

4536.  Process,  how  executed.     Process  in  such  suits  against  a 
school  township,  town  or  city,  shall  be  by  summons,  executed  by  leaving 
a  copy  thereof  with  the  Trustee  [or  School  Trustees]  of  such  township, 
town  or  city,  ten  days  before  the  return-day  thereof;  and  in  case  of  an 
appeal,  similar  notice  of  the  time  of  hearing  thereof  shall  be  given. 
(144) 

1.  NOTE.  Service  of  summons  by  reading  to  a  Trustee  is  insufficient,  and 
liable  to  be  set  aside,  but  a  judgment  by  default  upon  such  service  would  be  valid, 
because  it  is  sufficient  notice  to  sustain  a  judgment. 


SCHOOL    LAW    OF    INDIANA.  191 

4537.  Appeals  from  Township  Trustees.  Appeals  shall  be 
allowed  from  decisions  of  the  [Township]  Trustees,  relative  to  school 
mutters,  to  the  County  Superintendents,  who  shall  receive  and  promptly 
determine  the  same,  according  to  the  rules  which  govern  appeals  from 
Justices  of  the  Peace  to  Circuit  Courts,  so  far  as  such  rules  are  appli- 
cable :  and  their  decisions  of  all  local  questions  relating  to  the  legality 
of  school  meeting,  establishment  of  schools,  and  the  location,  building, 
repair,  or  removal  of  school-houses,  or  transfer  of  persons  for  school 
purposes,  and  resignation  and  dismissal  of  teachers,  shall  be  final.  (164) 

1.  PROCEDURE   ix  APPEALS  —  NOTICE  TO  PARTIES.      When   a  Trustee   has 
decided  to  <l<i  an  act  subject  to  appeal  to  the  County  Superintendent,  and  has  made 
a  record  of  his  decision,  he  should  give  the  people  interested  such  information  as 
they  may  call  for  in  order  to  afford  them  an  opportunity  to  avail  themselves  of 
their  privilege  to  appeal,  if  they  desire  to  do  so. 

Tintf  far  <i}>i>tal — Bond.  An  appeal  must  be  taken  within  thirty  days.  That 
is  the  rule  as  to  an  appeal  from  the  judgment  of  a  Justice  of  the  Peace.  But  any 
appeal  may  be  granted  by  the  officer  to  whom  it  is  taken,  after  the  expiration  of 
the  thirty  days,  when  the  party  asking  it  has  been  hindered  from  taking  it  by 
circumstances  not  under  his  control.  No  bond  is  necessary  in  an  appeal  from  a 
Trustee  to  the  Connty  Superintendent. 

Records —  Transcript.  When  a  Trustee  receives  a  written  notice  from  an 
aggrieved  party  of  an  appeal  from  his  decision,  he  should  immediately  make  a 
rerc.nl  of  the  same.  He  should  make  a  certified  transcript  of  his  record,  which 
should  be  a  complete  statement  of  the  proceeding  before  him,  and  should  file  the 
same,  with  all  papers  in  the  case,  with  the  County  Superintendent,  within  twenty 
days.  % 

2.  LOCATION  OF  HOUSES.     The  County  Superintendent  has  no  power,  on 
appeal,  to  require  a  school-house  to  be  erected  on  land  not  belonging  to  the  town- 
ship.    (  Hht-rwi-f  hi-  decision  is  final,  but  only  as  to  the  particular  case  before  him. 
The  Trustee  may  at  once  relocate  at  a  different  place.     Koontz  v.  State,  44  Ind. 

9tate  '.  Mewhinney,  67  id.  397. 

After  the  location  has  been  fixed  by  the  County  Superintendent,  on  appeal, 
the  Township  Trustee  may  chantre  it,  subject  to  appeal.      But  if  there  be  no  sub- 
.uent  change  after  the  County  Superintendent  has  determined  upon  the  loca- 
tion, the  Trustee  may  be  compelled,  by  mandate,  to  execute  the  order.     Trager  v. 
State.  •_']  Ind.  317.     See,  also,  >,4444.  note  '.»;  §4499,  note  4.     See  note  10. 

•JuiusnnTioN  OF  COUNTS.      Nothing  in  this  act  shall  be  so  construed  as  to 

•change  or  abridge  the  jurisdiction  of  any  court  in  cases  arising  under  the  school 

law-  ,.i  the  State,  and  the  right  of  any  person  to  bring  suit  in  any  court,  in  any 

:  rising  under  the  school  law>,  shall  not  be  abridged  by  the  provisions  of  this 

act.      ',44-J'.». 

N"  appeal  to  the  Superintendent  can  be  taken  from  the  action  of  a  Trustee  in 
making  a  contract  with  anyone,  either  for  building  a  school-house,  or  like  con- 
traits,  n<>r  in  regard  to  any  criminal  or  fraudulent  act  of  a  Trustee,  nor  upon  the 
mere  breach  of  a  contract,  nor  upon  the  dismissal  of  a  teacher  in  a  city  or  town. 
This  is  a  question  for  the  courts.  Crawford>ville  r.  Hays,  42  Ind.  206. 

A  -11  it  to  set  aside  a  contract  for  the  building  of  a  school-house,  and  to  enjoin 
the  doing  of  the  work,  on  the  ground  of  fraud  on  the  part  of  the  Township  Trustee 


192  SCHOOL    LAW    OF    INDIANA. 

in  making  the  contract,  is  properly  brought  in  the  name  of  the  State  for  the  use  of 
the  township;  for  the  remedy  provided  by  an  appeal  to  the  County  Examiner  is 
not  exclusive  in  such  cases,  the  matter  involved  not  being  "a  local  question  relat- 
ing to  the  building  of  school-houses."  State  v.  Earhart,  27  Ind.  119.  But  the 
remedy  of  appeal  to  the  Superintendent  is  exclusive  when  "relative  to  school 
matters,"  and  for  the  purpose  of  preventing  vexatious  and  expensive  litigation  it 
is  provided  that  his  decision  shall  be  final  in  regard  to  certain  enumerated  sub- 
jects. Fogle  v.  Gregg,  26  Ind.  345. 

Regulations  adopted  by  persons  in  charge  of  a  school  are  analogous  to  by-laws 
enacted  by  municipal  and  other  corporations,  and  both  will  be  annulled  by  the 
courts,  when  found  to  be  unauthorized,  against  common  right,  or  palpably  unrea- 
sonable. State  v.  White,  82  Ind.  278. 

4.  EXTENT  OF  JURISDICTION  OF  COURTS.     Upon  any  question  arising  out  of 
the  dismissal  of  a  teacher,  if  the  teacher  has  suffered  any  damages,  he  may  bring 
a  suit  against  the  township  to  recover  whatever  loss  he  has  sustained.     The  court 
can  only  examine  whether  just  cause  existed  for  his  dismissal,  in  order  to  se«  if 
he  is  entitled  to  damage  for  a  wrongful  dismissal,  but  can  not  reinstate  him  as  a 
teacher,  for  as  to  that  the  Superintendent's  decision  is  final.     But  on  all  those- 
questions  relating  to  the  government  and  control  of  schools  and  school  buildings, 
and  school  regulations,  such  as  the  establishment  of  schools,  and  the  location,, 
building,  repair  or  removal  of  school-house,  or  transfer  of  persons  for  school  pur- 
poses, or  even  the  attachment  of  a  person  to  a  certain  school,  and  resignation  of 
teachers,  his  decision  is  final,   and  no  action  can  be  maintained  in  the  courts 
touching  the  same.     This  must  necessarily  be  so,  for  courts  can  not  undertake  the 
superintendency  of   school   matters.     Upon  a  question  of   fraud   in  holding  a 
school  meeting,  it  is  difficult  to  see  how  any  question  can  arise  so  that  courts  cam 
exercise  any  jurisdiction  over  it;  it  is  believed  there  is  none. -  Baldwin,  Atty.-Gen, 

5.  REFERENCES*  See  section  4446,  note  1 ;  section  4499,  notes  4,  5,  6 ;  sec- 
tions 4506,  4501,  4538  and  notes. 

6.  TRIAL  OF  APPEALS.     When  the  County  Superintendent  has  received  a 
complete  transcript  of  the  case  in  controversy,  he  should  fix  a  day  for  the  trial,, 
and  all  parties  to  the  case  should  be  notified  of  the  subject  matter  and  the  time 
and  place  of  the  trial.     The  case  should  then  be  tried  de  novo.    No  case  should  be 
decided  by  the  Superintendent  from  the  transcript  alone,  without  first  giving  all 
parties  an  opportunity  to  be  heard.    If  after  sufficient  notice  either  appellee  or  ap- 
pellant fails  to  appear,  then,  and  only  then,  should  the  case  be  decided  from  the 
transcript. —  Varies,  Sitpt. 

7.  DE  NOVO  TRIAL  OF  APPEALS.    Upon  appeal  the  case  is  tried  de  novo  upon 
its  merits.     7  Ind.  207 ;  12  Ind.  565;  33  Ind.  333. 

8.  USE  OF   SCHOOL-HOUSE  —  STATUTORY   REMEDY.     When  a  teacher  com- 
plains that  the  use  of  a  school-house  by  religious,  political  or  other  meetings  in- 
terferes with  the  orderly  and  successful  progress  of  the  school,  the  Trustee  should 
call  all  interested  parties  before  him,  hear  and  determine  the  case  at  once.     Hi& 
decision  will  be  subject  to  appeal  to  the  County  Superintendent,  but  the  Superin- 
tendent's decision  is  not  final  on  this  matter.     It  may  go  to  the  courts  on  injunc- 
tion or  mandamus  proceedings;  but  the  statutory  remedy  should  first  be  exhausted, 
—  Vories,  Supt. 

9.  DECISIONS  OF  COUNTY  SUPERINTENDENT  NOT  REVIEWED  BY  THE  COURTS. 
Decisions  of   County  Superintendent  (when  made  final  by  statute)  will  not  be- 


S('I!<H)|.     LAW    M!      IXIMANA. 

•wed  by  the  courts  unless  it   is  -h.nvn  that    he  acted   on    improper  motives.      ]'2 
,-.   L.   I!.  720. 

10.  Sri-KKiN  IKMM  \  i '-    i»rci>inx     FINAL.      The    Superintendent's    decision 
prohibiting  the  erection  of  a  school  house  on  a   location  selected   l»y  the  Trustee  is 
within  liis  jurisdiction,  and   i<  final   and   binding  on   the  Trustee,      ils  X.   K.  Kep. 

1L».»  Intl.  K>1. 

11.  TRr-Ti-:i.'-   DIB  KKTK'N.      If  a  Trustee,  acting  in  .rood  faith,  discontinues 
a  school  on  account  of  the  smallness  of  the  attendance,  the  courts  will  not  review 
his  decision,  nor  will  mandamus  lie  to  compel   him   to  reestablish  the  school.      119 
Ind.  -2:\-2. 

4538.  Appeals  from  County  Superintendent.  Appeals  shall  be 
allowed  from  the  derisions  of  County  Superintendent*  to  the  Superin- 
tendent of  PuMir  Instruction  on  all  matters  not  otherwise  provided  for 
in  the  next  preceding  section  ;  and  the  rules  that  govern  appeals  from 
Justices  of  the  Peace  to  the  Circuit  Courts  as  to  the  time  of  taking  an 
appeal,  giving  bonds,  etc.,  shall  be  applicable  in  appeals  from  County 
Superintendents  to  the  Superintendent  of  Public  Instruction.  (165) 

1.  PROCEDURE.  The  same  rules'  in  regard  to  the  time  allowed  for  taking  an 
appeal  and  for  making  transcript,  etc.,  apply  in  case  of  appeals  to  the  State  Su- 
perintendent as  to  the  County  Superintendent.  [See  sections  4537-1.]  But  an 
appeal  bond  seems  to  he  necessary  in  case  of  an  appeal  to  the  State  Superintend- 
ent. A  homl  for  >25  would  probably  be  sufficient.  The  County  Superintendent 
should  make  a  transcript  of  the  record,  and  send  it,  together  with  all  papers  in 
the  ca-e.  to  the  State  Superintendent,  with  his  certificate  indorsed  thereon.  He 
must  specifically  certify  to  the  facts  for  example,  that  A  B applied  fora  certificate 
on  a  certain  day,  that  upon  examination  a  licen-e  was  refused  on  certain  grounds, 
that  the  inclosed  papers  are  those  made  by  the  applicant,  upon  which  he  was 
rejected.  A  copy  t.f  the  (juestions  used  and  the  appeal  bond  should  also  be  sent. 
In  case  a  refu-al  to  license  is  based  upon  the  County  Superintendent's  personal 
knowledge,  he  should  make  a  statement  of  the  facts,  verified  by  affidavit,  and  for- 
ward it,  together  with  corroborative  testimony,  and  the  testimony  given  in  favor 
of  the  accused.  If  an  appeal  is  taken  in  due  form,  the  State  Superintendent  may 
require  the  County  Superintendent  to  forward  the  papers  to  him,  and,  upon  re- 
fusal, may  vi-it  the  county  and  make  an  examination  into  the  facts  of  the  case, 
and  render  a  decision  that  will  be  binding  on  all  parties  interested.  Smart,  Xnj>t. 

•_'.  TKIAI.  r.v  &TATB  SuPERDfTKHDMNT.  The  appeal  is  tried  by  the  Superin- 
tendent of  Public  Instruction  upon  the  papers  sent  up.  Additional  affidavits 
may  be  tiled  with  him  and  witm  —e-  examined.  Parties  may  appear  before  him, 
and  a  complete  trial  be  had,  the  same  a-  before  the  County  Superintendent.  An 
applicant  for  a  1'n-en-e.  who  desires  to  appeal,  should  be  allowed  thirty  days  from 
the  time  the  I  'oiinty  Superintendent's  decision  is  rendered,  not  from  the  time  of 
examination.  If  the  license  is  denied  because  ..f  immorality,  the  County  Super- 
intendent >hould  -pecify  in  what  particular  the  immorality  consists.  (  h\  appeal  the 
Superintendent  of  Public  Instruction  cannot  grant  a  licence;  he  can  only  order 
the  County  Superintendent  to  grant  one.  Should  the  latter  refuse  to  grant  it,  a 
mandamus,  at  the  instance  of  the  teacher,  would  lie  to  compel  him  to  obey  the 
direction  of  the  State  Superintendent.  If  an  appeal  is  taken  and  the  County  Su- 

13— S<  H.M.I.  I.v\v. 


194 


SCHOOL    LAW    OF    INDIANA. 


perintendent  refuses  to  send  up  the  papers,  a  mandamus  will  lie  to  compel  him  to 
send  them.  Or  the  Superintendent  of  Public  Instruction  can  visit  the  county  and 
try  the  case  there.  Merely  writing  a  letter  to  the  Superintendent  of  Public  In- 
struction by  the  party  desiring  to  appeal,  and  stating  that  he  appeals  from  the 
decision  of  the  County  Superintendent,  does  not  constitute  an  appeal.  The  initia- 
tory steps  must  be  taken  in  the  matter  with  the  County  Superintendent, — Bloss, 
.&itpt. 

3.  APPEAL  AS  TO  WHOLE  CAUSE.  •  An  appeal  must  be  taken  as  to  the  whole 
<?ase.     63  Ind.  475. 

4.  BREACH  OF  APPEAL-BOND.     The  failure  to  prosecute  the  appeal  success- 
fully is  a  breach  of  the  appeal-bond.     7  Ind.  207  ;  9  Ind.  519  ;  51  Ind.  81. 

5.  RULES  OF  APPEAL.     For  rules  governing  appeals  from  Justices  of  the 
Peace,  see  sections  1499,  1500,  1501,  R.  -S.  1881. 

6.  DEFECTIVE  APPEAL-BOND.     For  defective  appeal-bond  see  section  1283, 
R.  S.  1881. 

7.  EXAMINATION  OF  SURETY.     See  section  1281,  R.  S.  1881. 

8.  APPEAL-BOND.     The  appeal-bond  is  required  by  statute.     Section  1500, 
H.  S.  1881. 

9.  APPROVAL  OF  APPEAL-BOND.     The   appeal-bond   should  be   approved. 
Section  642,  R.  S.  1881 ;  29  Mich.  19. 

10.  INSUFFICIENCY.     An  appeal-bond  without  surety  is  insufficient.    63  Ind. 
490. 

11.  STATE  SUPERINTENDENT'S  DISCRETION.     The  State  Superintendent  may 
define  the  manner  of  presenting  a  case  to  him,  whether  by  oral  arguments  or  by 
written  briefs.     54  Wis.  150. 

12.  CASE  TRIED  DE  NOVO.     Upon  appeal  the  case  is  tried  de  novo  upon  its 
merits.     7  Ind.  207  ;  12  Ind.  565 ;  33  Ind.  333. 

13.  EVIDENCE.     In  questions  as  to  a  teacher's  fitness,  it  is  not  advisable  to 
require  the  same  strictness  as  to  evidence  as  courts  require.     3  Hun.  (N.  Y. )  177. 

14.  WEIGHT  OF  OPINIONS.     When  the  school  law  is  doubtful,  the  opinion  of 
officials  having  power  to  pass  on  school  questions  is  of  great  weight.     10^  R.  I.  615. 

15.  DECISION  FINAL.     The  State  Superintendent's  decision,  as  to  the  annul- 
ing  of  a  teacher's  license,  is  final.     34  How.  (N.  Y.)  366 ;  11  Wend.  90. 

4539.  Oaths.    School  officers  are  hereby  authorized  and  empowered 
to  administer  all  oaths  relative  to  school  business  appertaining  to  their 
respective  offices.     (166) 

NOTE.  But  school  officers  can  not  administer  oaths  upon  any  other  than 
school  matters,  and  it  is  held  that  Directors  can  not  administer  them  at  all. 
County  Superintendents  and  Trustees  may  administer  oaths  to  Trustees  and  teach- 
ers reporting  to  them,  and  to  witnesses  in  trials  before  them. 

[1881  S.,  p.  718.    Approved  April  14, 1881,  and  in  force  September  19, 1881.] 

4540.  Women  eligible  to  school  Offices.     Any  woman,  married 
or  single,  of  the  age  of  twenty-one  years  and  upwards,  and  possessing 
the  qualifications  prescribed  for  men,  shall  be  eligible  to  any  office  un- 
der the  general  or  special  school  laws  of  this  State.     (1) 


SCHOOL    LAW    OF    INDIANA. 


105 


1.  <  'uNsriTi  TIONAI.ITV   noriiTKn..     Tlu-  p.-i—  at;.-  of  this  law  implies  that,  in 

the  ju<lsrim-nt  of  the  Lt-irislatuiv.  \voim-n  arc  not  t-liirihle  to  -urh  olfu-f>.  I  think 
tliat  is  tlu-  ronvrt  uk-a.  Indeed  tin-re  i-  -erioiis  doubt  whether  the  statute  it-elf  is 
constitutional.  If  a  (  'ounty  Superintendent  of  schools  is  a  county  ofiieer,  a  female, 
eleeted  a-.  pre.-eribed  by  i;44'J4.  will'lind  herself  confronted  liy  our  State  ('on-titu- 
tion  l;.  >.  -  -  t  ,  which  reads;  "No  pi-r-on  shall  be  elected  or  appointed 

'•uiity  officer  who  shall  not  he  an  elector  of  the  county."  The  constitutional 
amendment  of  March  14.  Issl,  says,  in  suhstance:  "  In  all  elect  ion>  not  otherwise 
provided  for  hy  this  eon»titution,  every  male  citizen  of  the  age  of  twenty-one,  who 
shall  have  resided  in  this  State  six  months,  etc..  etc.,  shall  be  entitled  to  vote  in 
the  township  where  he  may  reside."  (R.  S.  1881,  §84.)  Thus  it  would  seem  that 
no  one  except  a  male  i»  entitled  to  hold  a  county  office.  My  attention  is  called 
to  tlu-  appointment  of  a  lady  notary  public;  but  a  notary  is  not  a  county  officer.  — 
n-  in.  Aft  i/.  -Gen. 

2.  SCHOOL  TRUSTEE  —  DIRECTOR.     Attorney  -General  Baldwin  expressed  seri- 
-  douhts  of  the  constitutionality  of  the  act  authorizing  the  election  of  women  to 

school  offices,  and  held  that  they  were  ineligible  to  the  County  Superintency  on 
the  ground  that  county  officers  are  required  to"  be  electors.  This  reasoning  does 
not  apply  to  the  office  of  School  Trustee  of  a  city  or  town,  and  until  the  act  is 
decided  by  the  courts  to  be  unconstitutional,  there  is  no  ground  on  which  to  ques- 
tion the  eligibility  of  women  to  that  office.  Women  who  are  voters  at  school 
meetings  are  eligible  to  the  office  of  Director.  (4498,  note  1.)  They  can  not  be 
Township  School  Trustees,  since  that  office  is  held  ex  offido  by  the  civil  Trustee.  — 
Holcombe, 


4541.  Bond  binding.  Any  woman  elected  or  appointed  to  any 
office  under  the  provisions  of  this  act,  before  she  enters  upon  the  dis- 
charge of  the  duties  of  the  office  shall  qualify  and  give  bond  as  required 
by  law,  and  such  bond  shall  be  binding  upon  her  and  her  securities.  (2) 


STATE  NORMAL  SCHOOL. 


[1866  S.,  p.  140. 


i-.l  ami  in  force  December  20,  1866.] 


4542.  Established.     There  .-hall  !><•  established  and  maintained,  as 
hereinafter  provided,  a  State  Normal  School,  the  object  of  which  shall 
be  the  preparation  of  teachers  tor  teaching  in  the  common  schools  of 
Indiana.      (1) 

4543.  TriMiM's     Corporate  name.     In  order  to  the  establishment 
and  maintenance  «»f  such  a  school,  the  (Jovcmor  .-hull  appoint,  subject 
to  the  approval  of  tin-   S.-nate,    four  competent  persons,    who  shall,  in 
themselves  and  in  tlu-ir  BUCtt  'iistitutr  a  perpetual  body  corporate, 
with  power  to  sue  and  be  sued,  and  to  hold  in  trust  all   funds  and    prop- 
erty which  may  be  provided  for  .-aid   Normal  School,  and   who  shall  be 


196 


SCHOOL    LAW    OF    INDIANA. 


known  and  designated  as  the  "Board  of  Trustees  of  the  Indiana  State 
Normal  School."  The  Superintendent  of  Public  Instruction  shall  be, 
ex  ojficio,  a  member  of  this  board.  (2) 

4544.  Term  of  office — Vacancies.  *  Two  members  of  this  board 
shall  retire,  as  may  be  determined,   by  lot  or  otherwise,  in  two  years 
after  their  appointment,  and  the  remaining  two  in  four  years ;   where- 
upon the  Governor,  subject  to  the  approval  of  the  Senate,  shall  appoint, 
as  aforesaid,  their  successors  for  a  period  of  four  years.     All  vacancies 
occurring  in  said  board  from  death,   or  resignation,  shall  be  filled  by 
appointments  made  by  the  Governor.     (3) 

4545.  Organization  —  Officers.     Said  Board  of  Trustees  shall  meet 
on  the  second  Tuesday  in  January,  1866,  at  the  office  of  the  Superin- 
tendent of  Public  Instruction,  and  shall  organize,  by  electing  one  of  its 
number  president,  and  one  secretary,  each  for  a  term  of  two  years ;  and, 
at  this  or  at  a  subsequent  meeting,  it  shall  elect  some  suitable  person, 
outside  of  its  number,  as  treasurer,  who  shall,  before  entering  on  duty, 
give  bond  in  such  sum  as  it  may  prescribe.     (4) 

4546.  Donations.      Said   board   shall,   at  its  first  meeting,   open 
books  to  receive,  from  different  parts  of  the  State,  proposals  for  dona- 
tions of  grounds  and  buildings,  or  funds  for  the  procuring  of  grounds 
and  erecting  of  buildings,  for  said  Normal  School.     Also,  it  may,  if 
deemed   needful,  at  this  or  a  subsequent   meeting,  appoint  one  of  its 
number,  or  other  competent  person,  to  visit  different  parts  of  the  State 
and  explain  the  nature  and  object  of  said  Normal  School,  and  to  receive 
proposals  of  donations  of  buildings  and  grounds,  or  of  funds  for  the 
same.     (5) 

4547*  Location.  Said  board  shall  locate  said  school  at  such  place 
as  shall  obligate  itself  for  the  largest  donation :  Provided,  first,  That 
said  donation  shall  not  be  less  in  cash  value  tnan  fifty  thousand  dollars ; 
second,  That  such  place  shall  possess  reasonable  facilities  for  the  success 
of  said  school.  (6) 

1.  An  act  of  1867  (p.  177)  appropriated  fifty  thousand  dollars  out  of  the 
common  school  library  fund  and  State  treasury,  in  aid  of  the  erection  of  the 
buildings,  with  a  condition  precedent  that  no  part  thereof  should  be  paid  until  the 
city  of  Terre  Haute  has  vested  in  the  Board  of  Trustees  of  the  Normal  School 
the  title  to  the  land  donated  by  her  as  a  site  for  the  school,  by  a  good  and  suffi- 
cient deed  in  fee-simple,  and  had  also  bound  herself,  by  an  agreement  filed  with 
the  Auditor  of  State,  to  forever  maintain  one-half  of  the  necessary  repairs  incident 
to  keeping  the  buildings  and  grounds  in  proper  order. 

4548.  Contract  for  building.  Said  board  shall,  immediately  after 
the  selection  of  place  of  location,  proceed  to  let  a  contract,  or  contracts, 


CHOOL    LA\v    OF    INDIANA. 


^for  the  erection  of  a  building,  to  the  lowest  responsible  bidder  :  Provided, 
That  u"   member  of  tlu-    board  be  a  contractor  for  building,  or  for  fur- 

nishjn;:  any  material  therefor.      (7) 

4549.  Model  school.    Said  board  shall  organize,  in  connection  with 
the  Normal  School,  in  the  .-a  me  building  with  the  Normal  School,  or  in 
a  M-jiarate  building,  as  it   shall  decide,   a  Model  School,   wherein  such 
pupils  of  the  Normal  School  as  shall  be  of  sufficient  advancement  shall 
be    trained    in    the    practice    of    organizing,    teaching    and    managing 
schools.     (8) 

4550.  Duty  of  Trustees.     Said  board   shall  prescribe  the  course 
of  study  for  the  Normal  School  ;  shall  elect  the  instructors  and  fix  their 
salaries  ;  and  shall  determine  the  conditions,  subject  to  limitations  here- 
inafter specified,  on  which  pupils  shall  be  admitted  to  the  privileges  of 

ic  ec-hool.     (9) 

4551.  Conditions  of  admission.     The  following  conditions  shall 
be  requisite  to  admission  to  the  privileges  of  instruction  in  the  Normal 

"School  : 

Fii'at.     Sixteen  years  of  age,  if  females,  and  eighteen,  if  males. 

Second.     Good  health. 

Third.     Satisfactory  evidence  of  undoubted  moral  character. 

Fourth.  A  written  pledge  on  the  part  of  the  applicant,  filed  with  the 
principal,  that  said  applicant  will,  so  far  as  may  be  practicable,  teach  in 
the  common  schools  of  Indiana  a  period  equal  to  twice  the  time  spent 
as  a  pupil  in  the  Normal  School  ;  together  with  such  other  conditions  as 
the  board  may,  from  time  to  time,  impose.  (10) 

L  STI  i  sru.Mrr  TO  RULES.  A  student  is  required  to  submit  to  any 

proju-r  ruK-  niTr»ary  fm-  tht-  good  ^ovrrnim-nt  of  the  institution.  82  Ind.  278. 

•J.  K.\i'n>i<>N.  A  studi-nt  run  not  he  expelled  for  attending  a  public  ball. 
32  M-  Aj.p.  51 

'.{.  ',t>r  AI.IKK  A  ri'i.x-  i  "i:  AI>MIS<IOX.  The  faculty  can  not  make  membership 
of  a  (iivrk-U'tter  fraternity,  or  other  college  secret  society,  a  disqualification  for 
sulmi-Mon.  S2  Ind.  278, 

I.  KA<  K  mi  COLOR.  Studrnts  can  not  be  excluded  on  account  of  race  or 
color.  4S  Ind.  :J'J7:  7  NYv.  :\\'2-  18  Mich.  400;  48  Cal.  36;  71  111.  :w:J. 

4552.  Tuition  free.     Tuition   in  the  Normal  School  shall  be  free 
to  all  residents  of  Indiana  who  fulfill  the  four  conditions  set  forth  in 
the  preceding  section  and  such  other  conditions  as  the  board  may  re- 
quire.    (ii) 

4553.  Principle  of  Management.     A  high  standard  of  Christian 
morality  shall  In-  observed  in  the  management  of  the  school,  and,  as  far 
a£  practicable,  inculcated  in  the  minds  of  the  pupils;  yet  no  religious 
sectarian  tenets  shall  be  taught.     (12) 


198 


SCHOOL    LAW    OF    INDIANA. 


4554.  Report.     Said  Board  of  Trustees  shall,  biennially,  make  a 
report  to  the  Legislature,  setting  forth  the  financial  and  scholastic  con- 
dition of  the  school ;  also  making  such  suggestions  as,  in  their  judgment, 
will  tend  to  the  improvement  of  the  same ;  and  in  the  years  in  which 
there  is  no  session  of  the  Legislature,  it  shall  make  a  report  of  the 
scholastic  condition  of  the  school  to  the  Governor,  on  or  before  the  first 
Monday  in  January.     (13) 

[1873,  p.  199.    Approved  and  in  force  March  5, 1873.] 

4555.  Board  of  visitors.     The  State  Board  of  Education  shall 
appoint,  annually,  in  the  month  of  June,  or  at  its  first  meeting  there- 
after, a  committee  of  three,  who  shall  constitute  a  Board  of  Visitors, 
and  shall,  in  a  body  or  by  one  of  its  number,  visit  said  school  once  dur- 
ing each  term,  and  witness  the  exercises  and  otherwise  inspect  the  con- 
dition of  the  school;  and,  by  the  close  of  the  Normal  school  year,  they 
shall  make  a  report  to  the  Board  of  Trustees.     The  members  of  said 
Board  of  Visitors  shall  be  allowed  five  dollars  for  each  day's  service  ren- 
dered, and  also  traveling  expenses,  to  be  paid  out  of  the  State  treasury. 
(14) 

[1891,  p.  311.    Approved  and  in  force  March  6, 1891 J 

4556.  Tuition  revenue.    The  Superintendent  of  Public  Instruction 
shall,  in  his  next  apportionment  of  school  revenue  for  the  State,  deduct 
fifteen  thousand  dollars;  and  semi-annually  thereafter  he  shall  deduct 
the  same  amount ;  which  shall  be  set  apart  and  be  known  as  the  NormaL 
School  fund.     These  moneys  shall  be  paid  out  only  on  the  warrant  of 
the  Auditor,  drawn  on  the  order  of  the  Board  of  Trustees  of  said  Nor- 
mal School.     (15) 

[1873,  p.  199.    Approved  and  in  force  March  5, 1873.] 

4557.  Certificates— Diplomas.     The  Board  of  Trustees  is  author- 
ized to  grant,   from  time  to  time,   certificates  of  proficiency  to-  such- 
teachers  as  shall  have  completed  any  of  the  prescribed  courses  of  study, 
and  whose  moral  character  and  disciplinary  relations  to  the  school  shall 
be  satisfactory.     At  the  expiration  of  two  years  after  graduation,  satis- 
factory evidence  of  professional  ability  to  instruct  and  manage  a  school 
having  been  received,  they  shall  be  entitled  to  diplomas  appropriate  to> 
such  professional  degrees  as  the  trustees  shall  confer  upon  them  ;  which 
diplomas  shall  be  considered  sufficient  evidence  of  qualification  to  teach 
in  any  of  the  schools  of  this  State.      (2) 

4558.  Annual  appropriation.    There  shall  be  appropriated  out 
of  the  State  treasury,  from  funds  not  otherwise  appropriated,  three- 


SCHOOL     LAW    «iK    INDIANA. 


199 


INDIANA  UNIVERSITY. 


thousand  two  hundred  and  six  dollars  and  eighty-three  cents,  to  liqui- 
date llie  indebtedness  of  the  Normal  School;  also,  an  amount,  annually, 
not  exceeding  two  thousand  dollars  in  any  one  year,  for  warming,  light- 
ing, janitor's  fees,  repairs,  and  for  actual  expenses  of  said  institution. 

»[1865  S.,  p,  140.    Approved  and  in  force  December  20, 1865.] 
4559.     Pay  of  Trustees.     The  members  of  the  Board  of  Trustees 
-shall  each  be  allowed  five  dollars  for  each  day's  service  rendered,  also 
traveling  expenses,  to  be  paid  out  of  the  State  treasury.     (16) 

4560.  Pay  of  treasurer  and  agent.     Said  board  shall  pay  its 
treasurer,  and  its  agent,  if  such  be  appointed,  as  provided  for  in  this 

.act,  such  sums  for  their  services  as  shall  be  reasonable  and  just.     (17) 

[1  R.  S.  1852,  p.  504.    Approved  June  17, 1852,  and  in  force  May  6, 1853.] 

4561.  Recognized.     The  institution  established  by  an  act  entitled 
"An  act  to  establish  a  college  in  the  State  of  Indiana,"  approved  Janu- 
ary 28,  1828,  is  hereby  recognized  as  the  University  of  the  State.     (1) 

The  State  University  is  not  a  public  corporation,  but  a  private,  or  at  least  a 
quasi  public  one,  and  its  endowim-nt  fund  is  not  embraced  by  the  phrase,  "public 
funds,"  as  used  in  tht-  inu-n-st  law  of  1879.  State  o.  C'arr,  111  Ind.  335. 

[  1883,  p.  82.    Approved  and  in  force  March  3, 1883.] 

466 la.  Tax  for  endowment  fund.  There  shall  be  assessed  and 
collected,  as  State  revenues  are  assessed  and  collected,  in  the  year  of 
eighteen  hundred  and  eighty-three,  and  in  each  of  the  next  succeeding 
tw.-ive  years,  the  sum  of  one-half  of  one  cent  on  each  one  hundred  dol- 
lar-' \\orth  of  taxable  property  in  this  State;  which  money,  when  col- 
lected and  paid  into  the  State  Treasury  in  each  of  the  years  named  in 
thi>  art,  shall  be  placed  to  the  credit  of  a  fund  to  be  known  as  the  per- 
manent endowment  fund  of  the  Indiana  University.  (1) 

466 lb.  Application  of  fund.  Whenever,  after  the  first  day  of 
May,  eighteen  hundred  and  eighty-four,  there  shall  have  been  paid  into 
the  State  Treasury  a  sum  of  said  permanent  endowment  fund  sufficient 
to  pay  off  any  of  the  interest-bearing  indebtedness  of  the  State,  it  shall 
be  th<»  duty  of  the  Treasurer  of  State  to  pay  off  and  cancel  such  indebt- 
edness, and  it  shall  l»e  the  duty  of  said  Treasurer  of  State  to  continue 
to  pay  off  and  cancel  said  interest-bearing  indebtedness  which  may  be 


200 


SCHOOL    LAW    OF    INDIANA. 


due,  or  which,  by  the  terms  of  the  contract  creating  such  indebtedness^, 
may  be  paid  off,  whenever  there  is  a  sufficient  sum  of  said  permanent 
endowment  fund  in  the  State  Treasury  to  pay  off  the  same  out  of  said 
permanent  endowment  fund.  (2) 

460  Ic.  Bond  of  State.  It  shall  be  the  duty  of  the  Treasurer  of 
State,  immediately  after  paying  off  any  of  the  interest-bearing  indebted- 
ness of  the  State,  as  provided  for  in  section  2  of  this  act,  to  make  and 
issue  to  the  trustees  of  said  university  and  to  their  successors  in  office  a 
non-negotiable  bond  of  the  State  in  an  amount  equal  to  the  sum  drawn 
from  said  permanent  endowment  fund  and  used  in  such  payment.  Said- 
non-negotiable  bond  shall  be  signed  by  the  Governor  and  Treasurer  of 
State,  and  attested  by  the  Secretary  of  State  and  the  seal  of  the  State,, 
and  be  made  payable  in  fifty  years  after  date,  at  the  option  of  the  State, 
and  said  bond  shall  bear  five  per  cent,  interest  from  date  until  paid, 
which  interest  shall  be  paid  semi-annually  on  the  first  days  of  May  and 
November  of  each  year,  and  the  same  shall  be  applied  to  the  current 
and  extraordinary  expenses  of  said  university  and  be  paid  to  the  trustees^ 
thereof,  under  the  same  rules  and  regulations  as  is  now  required  By  law 
in  the  payment  of  the  revenues  of  said  university.  The  non-negotiable- 
bonds  provided  for  in  this  act,  when  executed,  shall  remain  in  tbe  cus- 
tody of  the  Treasurer  of  State.  (3) 

466 Id.  Loans  by  State  Auditor.  That  so  much  of  said  perma- 
nent endowment  fund  as  shall  not  at  any  time  be  absorbed  by  the  non- 
negotiable  bonds  of  the  State,  as  contemplated  in  this  act,  shall  be 
loaned  by  the  Auditor  of  State  at  six  per  centum  interest,  payable  an- 
nually in  advance,  in  real  estate  security ;  and  in  making  loans  and, 
disbursing  interest  collected  the  Treasurer  of  State  and  the  Auditor  of 
State  shall  be  governed  by  the  law  now  in  force  regulating  the  manner* 
of  making  loans  of  the  university  funds  and  paying  out  interest  collected r 
except  as  otherwise  provided  in  this  act.  (4) 

466  le.  Mortgages  taken  by  State  Auditor.  It  shall  be  the  duty 
of  the  Auditor  of  State  to  make  a  complete  record  of  every  mortgage 
and  note  executed  on  account  of  any  loan  from  said  permanent  endow- 
ment fund,  in  a  book  to  be  kept  in  his  office  for  that  purpose ;  and,  on 
payment  of  any  loan  to  said  fund,  said  Auditor  shall  enter  a  record  of 
satisfaction  in  full  on  the  margin  of  the  record  of  the  mortgage  in  his 
office,  and  sign  the  same  with  his  name ;  and  he  shall  also,  in  like  man- 
ner, enter  satisfaction  in  full  on  the  face  of  the  mortgage ;  which  mort- 
gage, when  presented  by  the  mortgagor,  or  any  person  holding  title 
under  him,  to  the  Recorder  of  the  county  wherin  the  land  mortgaged  is? 
situated,  shall  authorize  the  Recorder  of  said  county  to  copy  &ueh/  entry 
on  the  record  in  his  office.  (5) 


SCHOOL    LAW    OF    INDIANA.  201 

466 If.  State  may  borrow  fund.  If  at  any  time  hereafter  the 
shall  need  the  loan  of  any  part,  or  of  all,  of  said  permanent  en- 
dowment fund,  the  State  shall  be  a  preferred  borrower  of  so  much  of 
said  fund  as  shall  not  be  loaned  at  the  time.  But  it  shall  be  the  duty 
of  the  Treasurer  of  State  to  cause  to  be  executed,  as  an  evidence  of  any 
such  loan,  a  non-negotiable  bond  of  the  State  for  the  amount  so  bor- 
rowed, in  like  manner  as  is  provided  in  section  3  of  this  act :  Provided, 
If  at  any  time  hereafter  the  said  Indiana  University  shall  be  consoli- 
dated with  any  other  educational  institution  or  institutions  of  the  State, 
or  shall  be  removed  from  its  present  location  for  any  cause  whatever,  the 
fund  raised  under  the  provisions  of  this  act  shall  be  held  and  used  for 
the  benefit  of  such  institution,  as  consolidated  or  changed,  notwithstand- 
ing such  change  or  consolidation  whenever  so  removed  or  consolidated : 
Provided,  further,  That,  after  said  date,  no  further  appropriation  shall  be 
made  to  said  university.  (6) 

[1855,  p.  201.    Approved  and  in  force  March  3, 1855.] 

4562.  Trustees — Corporate  name — Officers — Powers.     The 

Board  of  Trustees  of  the  State  University  shall  be  eight  in  number,  of 
whom  cot  more  than  one  shall  reside  in  the  same  county,  excepting  the 
county  of  Monroe,  from  which  two  may  be  selected.  They,  and  their 
successors,  shall  be  a  body  politic,  with  the  style  of  "The  Trustees  of 
Indiana  University ;"  in  that  name  to  sue  and  be  sued  ;  to  elect  one  of 
their  eumber  president ;  to  elect  a  treasurer,  secretary,  and  such  other 
office^  a>  they  may  deem  necessary;  to  prescribe  the  duties  and  fix  the 
compensation  of  such  officers ;  to  possess  all  the  real  and  personal  prop- 
erty of  such  university  for  its  benefit ;  to  take  and  hold,  in  their  corpo- 
rate name,  any  real  or  personal  property  for  the  benefit  of  such  institu- 
tion ;  to  expend  the  income  of  the  university  for  its  benefit ;  to  declare 
vac-ant  the  seat  of  any  trustee  who  shall  absent  himself  from  two  suc- 
cessive meetings  of  the  board,  or  be  guilty  of  any  gross  immorality,  or 
breach  "t  tin-  by-laws  of  the  institution;  to  elect  a  president,  such  pro- 
fessors, and  other  officers,  for  such  university,  as  shall  be  necessary, 
and  prescribe  their  duties  and  salaries  ;  to  prescribe  the  course  of  study 
and  discipline,  and  price  of  tuition  in  such  university;  and  to  make  all 
by-laws  necessary  to  carry  into  effect  the  powers  hereby  conferred.  (2) 

4563.  The  first   Tni>t«M's.     The  following  persons,  and  their  suc- 
cessors, shall  constitute  said  Board  :   Joseph  S.  Jenckes,  of  Vigo  County  ; 
Joel  I>.   McFarland,  of  Tippecanoe  County;  George  Evans,  of  Henry 
County;   William  M.   1-Yench,  of  Clark  County;    Kansom  W.  Aiken,  of 
Monroe  County;  Johnson  McCollough,  of  Monroe  County;  James  R. 


202 


SCHOOL    LAW    OF    INDIANA. 


M.  Bryant,  of  Warren  County;  John  I.  Morrison,  of  Washington 
County ;  three  of  whom  shall  serve  for  two  years,  two  for  three  years, 
and  three  for  four  years.  (2) 

4564.     The  first  meeting.     The  first  meeting  of  said  board  shall 
be  held  at  the  town  of  Bloomington  on  Monday,   the  second  day  of 
April,  1855,  when  they  shall  determine,  by  lot,  their  several  terms  of 
service.     (3) 

4565*  Vacancies.  Vacancies  in  said  board,  whether  occasioned  by 
death,  resignation,  removal  from  the  State,  expiration  of  terms  of  ser- 
vice, or  otherwise,  shall  be  filled  by  the  State  Board  of  Education.  (4) 

4566.  Pay  of  Trustees.  The  Trustees  of  said  University. shall 
receive,  when  employed  in  the  actual  service  of  the  university,  the  same 
pay  as  members  of  the  General  Assembly.  (5) 

[1891,  p.  65.    Approved  and  in  force  March  3, 1891.] 

4566a.  Trustees  of  Indiana  University.  The  Trustees  of  Indi- 
ana University  shall  hereafter  be  elected  for  such  terms  of  service,  and 
in  such  manner,  as  is  herein  provided,  and  the  terms  of  service  of  the 
trustees  now  in  office,  and  of  those  hereafter  elected,  shall  expire  on 
the  first  day  of  July  of  the  year  in  which  such  terms  are  to  end.  (1) 

4566b.  Trustees' terms  expiring  1891,  successors.  Successors 
to  three  trustees  whose  terms  of  service  expire  in  the  year  eighteen 
hundred  and  ninety-one  (1891)  shall  be  elected  by  the  Alumni  of  the 
University  at  the  College  Commencement  of  the  year  1891 ;  one  of  the 
trustees  so  selected  shall  serve  for  one  year,  one  for  twro  years,  and 
one  for  three  years.  At  the  first  meeting  of  the  Board  of  Trustees  after 
July  1,  1891,  the  several  terms  of  service  of  such  three  trustees  shall 
be  determined  by  lot.  At  the  annual  commencement  of  the  year  in 
which  their  terms  expire  successors  to  such  three  trustees  shall  be 
elected  by  the  Alumni  of  the  University,  each  to  serve  for  three  years. 
When  vacancies  in  the  Board  of  Trustees  arise,  from  the  death,  resigna- 
tion, removal  from  the  State,  expiration  of  term  of  service,  or  other- 
wise, of  any  of  the  three  trustees  to  be  elected  in  1891,  or  any  of  their 
successors,  such  vacancies  shall  be  filled  by  the  Alumni.  (2) 

4566c.  Trustees'  terms  expiring  1893,  successors.  Successors 
to  the  two  trustees,  whose  terms  of  service  expire  in  1893,  shall  be 
elected  by  the  State  Board  of  Education,  and  one  of  such  two  successors 
shall  be  elected  for  a  term  of  two  years,  and  the  other  for  a  term  of 
three  years.  Successors  to  the  three  trustees,  whose  terms  expire  in 
1894,  shall  be  elected  by  the  State  Board  of  Education,  one  for  a  term 


SCHOOL    LAW    OF    INDIANA. 


203 


70  years,  and  the  other  two  trustees  for  terms  of  three  years.  Suc- 
to  the  five  trustees  herein  provided  to  be  elected  by  the  State 
Board  of  Education  shall  be  elected  by  said  State  Board  of  Education, 
«ach  trustee  so  elected  to  serve  for  three  years:  Provided,  That  trus- 
tees elected  by  the  Alumni,  or  the  State  Board  of  Education,  to  fill 
vacancies  caused  otherwise  than  by  expiration  of  terms  of  service,  shall 
be  elected  for  such  unexpired  terms  only.  When  vacancies  in  the  Board 
of  Trustees  arise  from  the  death,  resignation,  removal  from  the  State, 
•expiration  of  term  of  service,  or  otherwise,  of  any  of  the  five  trustees, 
•or  their  successors,  herein  provided  to  be  elected  by  the  State  Board  of 
Education,  such  vacancies  shall  be  filled  by  said  State  Board  of  Edu- 
cation. (3) 

4566d.  Registry  of  Alumni.  A  registry  of  the  name  and  address 
of  each  alumnus  of  Indiana  University  residing  in  the  State  of  Indiana 
shall  be  kept  by  the  Librarian  of  said  University,  who  shall  correct  such 
addresses  when  notified  by  the  Alumni  so  to  do.  The  Alumni  of  the 
University  shall  be  those  persons  who  have  been  awarded  and  on  whom 
have  been  conferred  any  of  the  following  degrees :  Bachelor  of  Arts 
(A.  B.),  Bachelor  of  Letters  (B.  L.),  Bachelor  of  Science  (B.  S.), 
Bachelor  of  Philosophy  (B.  Ph.),  Bachelor  of  Laws  (L.  L.  B.),  Master 
of  Arts  (A.  M.),  Master  of  Science  (M.  S.),  Doctor  of  Philosophy 
(Ph.  D.).  (4) 

4566e.  Nomination  of  Trustees.  Any  ten  or  more  Alumni  may 
file  with  the  Librarian  of  the  University  on  or  before  the  first  day  of 
April  in  each  year  a  written  nomination  for  the  trustee  or  trustees  to 
be  elected  by  the  Alumni  at  the  next  college  commencement.  Forth- 
with after  such  first  day  of  April  a  list  of  all  such  candidates  shall  be 
mailed  by  said  Librarian  to  each  alumnus  at  his  address.  (5) 

45661*.  Annual  meeting  of  Alumni.  The  annual  meeting  of  the 
Alumni  for  the  election  of  trustees  shall  be  held  at  the  university  on 
the  Tuesday  before  the  annual  commencement  day  of  said  university, 
at  the  hour  of  nine  o'clock  A.  M.,  at  which  meeting  a  trustee  shall  lie 
elected  to  serve  for  three  years  from  tj^e  first  day  of  July  of  such  year, 
and  any  trustee  or  trustees  which  the  Alumni  may  be  entitled  to  elect 
to  complete  any  unexpired  term  or  terms.  (6) 

4566 s:.  Method  of  Voting  by  Alumni.  Each  Alumnus  resident 
in  the  State  <•!'  Indiana  may  send  t<>  said  Librarian,  over  his  signature, 
at  any  time  before  the  meet  ing  of  the  Alumni  for  the  election  of  such 
trusts  or  trustees,  the  vote  for  such  trustee  or  trustees  which  he 
•would  be  entitled  to  cast  if  personally  present  at  such  meeting,  which 
vote  such  Librarian  shall  deliver  to  such  meeting  to  be  opened  and 


204 


SCHOOL    LAW    OF    INDIANA. 


counted  at  said  election,  together  with  the  votes  of  those  who  are  per- 
sonally present ;  but  no  person  shall  have  more  than  one  vote.  The 
person  or  persons  having  the  highest  number  of  votes  upon  the  first 
ballot  shall  be  declared  the  trustee  or  trustees  according  as  there  may 
be  one  or  more  than  one  trustee  to  be  elected :  Provided,  The  votes  re- 
ceived by  said  person,  or  by  each  of  said  persons,  or  at  least  fifty  per 
cent,  of  all  the  votes  cast.  Otherwise  the  Alumni  personally  present 
at  such  meeting  shall,  from  the  two  having  the  highest  pluralities,  elect 
a  trustee,  unless  their  pluralities  shall  aggregate  less  than  fifty  per  cent, 
of  the  votes  cast,  in  which  case  there,  shall  be  included  in  the  number 
of  those  to  be  voted  for,  so  many  of  those  coming  after  such  two  high- 
est in  order  of  pluralities  as  will  bring  the  aggregate  of  such  pluralities' 
of  those  to  be  voted  for  to  fifty  per  cent,  of  the  votes  cast.  (7) 


4566h.    Repealing  section. 

with  this  act  are  hereby  repealed. 


All  laws  and  parts  of  laws  in  conflict 
(8) 


[1  R.  S.  1852,  p.  504.    Approved  June  17, 1852,  and  in  force  May  6, 1853.} 

4567-  Annual  meeting.  Said  Trustees  shall  annually  meet  at  the 
town  of  Bloomington  at  least  three  days  preceding  the  annual  commence- 
ment of  the  University.  (3) 

4568.  Quorum — Temporary  appointments.    Five  of  such  trus- 
tees shall  constitute  a  quorum ;  and,  in  case  an  emergency  is  declared 
by  the  faculty,  after  there  shall  have  been  a  called  session  at  which  the 
other  members  failed  to  attend,  the  trustees  residing  in  the  county  of 
Monroe  may  fill  vacancies  in  the  faculty  of  the  university  and  the 
Board  of  Trustees ;  and,  in  case  there  should  not  be  three  trustees  in 
attendance  upon  such  emergency,  then  those  that  ^re  in  attendance,  to- 
gether with  such  members  of  the  faculty  as  may  be  in  attendance,  *liall: 
fill  such  vacancies ;  but  appointments  thus  made  shall  expire  at  the  next 
meeting  of  the  board.     (4) 

4569.  Seminary  township^  The  trustees  of  said  university  shall 
receive  the  proceeds  of  the  sales  and  rents  of  the  three  reserved  sections 
in  the  seminary  township  in  Monroe  County,  and  the  same  shall  be  paid 
to  the  treasurer  of  said  trustees,  on  their  order.     (5) 

4570.  Interest  on  loans.     The  interest  arising  from  loans  of  the 
State  University  fund,  as  received  at  the  State  treasury,  shall  be  paid 
on  the  warrants  of  the  Auditor  of  State ;  such  warrants  to  be  grafted 
on  allowances  made  to  the  persons  entitled  thereto  by  the  Board  of 
Trustees,  and  duly  certified  by  their  secretary.     (6) 


Big 

I, 


SCHOOL     LAW     "F     IMUANA. 

—Powers.  The  president,  professors  ami  instruct- 
be  styled  "The  Faculty"  of  said  university,  and  shall  have 
power — 

First.  To  .enforce  the  regulations  adopted  by  the  trustees  for  the 
government  of  the  students ;  to  which  end  they  may  reward  and  cen- 
sure, and  may  suspend  those  who  continue  refractory,  until  a  determi- 
nation of  the  Board  of  Trustees  can  be  had  thereon. 

Second.  To  confer,  with  the  consent  of  the  trustees,  such  literary 
decrees  as  are  usually  conferred  in  other  universities,  and,  in  testimony 
thereof,  to  give  suitable  diplomas,  under  the  seal  of  the  university  and 
signature  of  the  faculty.  (7) 

4572.  No  religious  qualification.     No  religious  qualification  shall 
required  for  any  student,  trustee,  president,  professor  or  other  officer 

of  such  university,  or  as  a  condition  for  admission  to  any  privilege  in 
the  >ame.     (8) 

1.  Sn  I>KM-  MIST  st  BMIT  TO  RULES.  A  student  is  required  to  submit  to 
any  proper  rule  necessary  for  the  good  government  of  the  institution.  S'J  Ind.  278. 
I-.XITI.SION.  A  student  can  not  be  expelled  for  attending  a  public  ball. 
::-J  M,,.  A PI>.  ->:;i;. 

3.  (Jr.\UFi«-A'ii"Ns  IOK  ADMISSION.  The  faculty  can  not  make  membership 
<.f  a  (ireek-lctter  fraternity  (»r  other  college  secret  society  a  disqualification  for 
admission.  S2  Ind.  278. 

1.  K  \-  "K.  Students  can  not  be  expelled  on  account  of  race  or 

color.  4S  I,,d.  327;  7  Ncv.  842;  is  Mich.  4oo  ;  is  Cal.  36;  71  111.  383. 

4573.  No  sectarian   tenets.     N«»  sectarian    tenets  shall  be  incul- 
cated by  any  profe.-xT  at  such  university.      (9) 

4574.  CountY  students.     The   trustees  shall   provide   for  the   tui- 
tion, free  of  charire,  of  two  students   from  each  county  in    this  State,  to 
be  selected  l>y  the  Board  of  County  Commissioners.      (10) 

.•h  county  may  >end    two  >tudents,  free  of  tuition  tV«->,  to   he    instructed    in 
the    Law    I)cpartment.    as    well    a-    any    other   department.       Mcl>oiialdr.   II. 

7  T.lackf.  5-j:.. 

4575.  Notice  to  counties.     The  secretary  of  the  hoard  shall  no- 
tify the  County  Auditor  <d'  each   county  of  the   State  whenever   there 
shall    not   Ite   in    attendance   at    the    university    the    number   of  students- 
which  such   county   is  entitled    to  send  free  of  tuition  ;   of  which   such 
Auditor  shall  notify  the  Hoard  of  Commissioners  of  such  county  at  its 
next  meeting.      (11) 

4576.  Treasurer's   IMHH!.     The  treasurer  of  the  university  .-hall 
give  bond  in  a  penalty,  and  with  surety  to  be  approved   by  such  board, 
payable  to  the  State,  conditioned  for  the  faithful  discharge  of  his  duties  ; 
which  bond  shall  be  tiled  with  the  Auditor  of  State.      (12) 


206 


SCHOOL    LAW    OF    INDIANA. 


4577.  Board  of  Visitors.     The  Governor,  Lieutenant-Governor, 
Speaker  of  the   House   of  Representatives,   Judges   of  the   Supreme 
•Court,  and  Superintendent  of  Common  Schools  [State  Superintendent 
of  Public  Instruction],  shall  constitute  a  Board  of  Visitors  of  the  uni- 
Tersity,  and  any  three  thereof  a  quorum.     (13) 

4578.  Visitors  not  attending,  to  be  reported.     In  case  the 
members  of  such  Board  of  Visitors  fail  to  attend  the  annual  commence- 
ment exercises  of  the  university,  the  president  of  the  Board  of  Trus- 
tees shall  report  such  of  them  as  are  absent  to  the  next  General  Assem- 
bly, in  its  annual  report.     (14) 

4579.  Duties  of  visitors.     Such  Board  of  Visitors  shall  examine 
tfhe  property,  the  course  of  study  and  discipline,  and  the  state  of  the 
finances  of  the  university,  and  recommend  such  amendments  as  it  may 
deem  proper,  the  books  and  accounts  of  the  institution  being  open  to  its 
inspection  ;  and  it  shall  make^report  of  its  examination  to  the  Governor, 
to  be  by  him  laid  before  the  next  General  Assembly.     (15) 

4580.  Duties  Of  Secretary.     The  secretary  of  the  Board  of  Trus- 
tees shall  keep  a  true  record  of  all  the  proceedings  of  said  board,  and 
•certify  copies  thereof.     He  shall  also  keep  an  account  of  the  students  in 
Ihe  university  according  to  their  classes,  stating  their  respective  ages 
and  places  of  residence,  and  a  list  of  all  graduates.     (16) 

4581.  Duties   of  Treasurer.     The  treasurer  of  said  university 
ehall— 

First.  Keep  true  accounts  of  all  money  received  into  the  treasury 
of  said  university,  and  of  the  expenditure  thereof. 

Second.  Pay  out  the  same  on  the  order  of  the  Board  of  Trustees, 
certified  by  its  secretary. 

Third.     Collect  the  tuition  fees  due  the  same. 

Fourth.     Make  semi-annual  settlements  with  the  Board  of  Trustees. 

Fifth.  Submit  a  full  statement  of  the  finances  of  the  university,  and 
Trie  receipts  and  payments,  at  each  meeting  of  the  Board  of  Trustees. 

Sixth.  Submit  his  books  and  papers  to  the  inspection  of  the  trustees 
.and  visitors.  (17) 

4582.  Report  to  State  Superintendent.    The  Board  of  Trus- 
tees, its  secretary  and  treasurer,  shall  report  to  the  Superintendent  of 
Common  Schools  [State  Superintendent  of  Public  Instruction],  all  mat- 
ters relating  to  the  university,  when  by  him  required.     (18) 

4583.  Lectures  by  faculty.     One  member  of  the  faculty,  to  be 
•designated  by  a  majority  thereof,  of  which  the  secretary  of  the  board 
,ghall  be  informed,  shall,  by  himself  or  competent  substitute,  deliver  a 


SCHOOL    LAW    «)F    IMHANA. 


'207 


iblic  lecture  on  the  principles  and  organization  of  the  university,  its' 
educational  facilities  (being  careful  not  to  disparage  the  claims  of  other 
institutions  of  learning  in  the  State),  in  at  least  fifteen  different  coun- 
t'  the  State,  of  which J^e  shall  give  due  notice;  and  in  a  vacation 
of  less  duration  than  one  month,  a  member  of  the  faculty,  to  be  desig- 
nated as  aforesaid,  shall  deliver  such  lecture  in  at  least  three  different 

mnties ;  a  brief  statement  of  which  lectures  shall,  by  the  persons  de~ 
>ring  them,  be  reported  to  the  Board  of  Trustees,  annually,  to  be  by 

lem  incorporated  in  the  annual  report  to  the  General  Assembly ;  but 
no  two  such  lectures  shall  be  delivered  in  the  same  county  until  all  the 
counties  of  the  State  have  been  lectured  in.  (19) 

4584.  Geological  examinations  and  specimens.  Such  lecturers 
shall  make  such  geological  examinations  and  collect  such  mineralogical 
specimens  as  they  may  be  able  to  make  and  procure;  a  report  whereof 
they  shall  make  to  the  Board  of  Trustees,  to  be  by  it  incorporated  in 
its  annual  report  to  the  General  Assembly  ;  and  such  specimens,  together 
with  those  they  may  procure  by  voluntary  donations,  they  shall  deposit, 
in  a  suitable  room  in  the  university  buildings,  to  be  fitted  up  for  that 
purpose. 


4585.  Printing  annual  report.    The  Governor  of  the  State  shall 
order   the   print in.ir,    annually,    of   five    thousand  copies  of  the  annual 

:  of  the  Hoard  of  Trustees,  twenty-five  hundred  of  which  shall  be 
for  the  use  of  the  members  of  the  General  Assembly,  and  twenty-five 
hundred  for  the  faculty.  (21) 

Thi<  report  and  bhe  cataloguefl  an-  printed  l>y  the  State  Commissioners  of  Pub- 
lie  I'rintin.i;.       Art>   1  x>">.  p.  L'17.  -ertioii  !'. 

4586.  Contents  of  report.     Such  report  shall  contain  what  is  now 

included  in  the  annual  catalogue,  with  such  other  matters  as  maybe 
deemed  useful  to  the  cause  of  education,  connected  with  the  univer- 
sity. (22 

4587.  Notice  of  sessions.     The   Board  of  Trustees,    through  its 
pre-ident,  shall  jrive  at  l«-a-t  one  month's  notice  of  the  commencement 
of  each  ses-ion  of  the  university,  in  at    least  one  newspaper  in  the  cities 
of   Indianapolis,    Louisville,    in    the   State  of   Kentucky,   and  in  New 

Orleans,  in  the  State  of  Louisiana.      (23) 

4588.  Buildings  and  repairs.    The  Board  of  Trustees  shall,  annu- 
ally, appoint  a  committee  of  its  body  to  examine  the  university  buildings 
and  grounds  adjacent,  who  shall   report  the  kind  and   cost  of  repairs,  if 
any  are  needed;   and  one  of  the  members  of  the  faculty  shall  be  ap- 
pointed to  take  care  of  such  buildings  and  grounds.     (24) 


208  SCHOOL  LAW  OF  INDIANA. 

4589.  Normal  department.     Such  trustees  shall  establish  a  nor- 
mal department  for  instruction  in  the  theory  and  practice  of  teaching, 
free  of  charge  to  such  young  persons,  male  and  female,  residents  of  the 
State,  as  may  desire  to  qualify  themselves  as  teachers  of  common  schools, 
within  the  State,  under  such  regulations  as  such  Board  of  Trustees  may 
make  in  regard  to  admitting  to,  kind,  and  time  of  delivery  of  lectures 
in  such  department,  and  the  granting  of  diplomas  therein ;  and  such 
regulations  shall  be  incorporated  in  the  annual  report  of  the  trustees  to 
the  General  Assembly.     (25) 

4590.  Agricultural  department.     Such  trustees  shall  also  estab- 
lish an  agricultural  department  in  such  university,  under  proper  regu- 
lations, which  shall  likewise  be  set  forth  in  their  annual  report.     (26) 

[1857,  p.  130.    Approved  March  7, 1857,  and  in  force  August  24, 1857.] 

4591.  Scholarships  transferable.    All  scholarships  in  the  State 
University,  issued  for  or  founded  upon   subscription   moneys  paid  by 
individuals  toward  the  construction  of  the  university  buildings,  or  any 
of  them,  or  the  right  to  use  said  scholarships  for  any  session  or  sessions 
of  the  college  year  in  said  institution,  may  be  transferred  or  sold  by  the 
holders  thereof  for  a  valuable  consideration.     (1) 

[1861  S.,  p.  89.    Approved  and  in  force  May  31,  1861.] 

4592.  Perpetual  scholarships.     Thp  contingent  fee  on  perpetual 
scholarships,  issued  by  the  trustees  of  the  State  University,  shall  not  be 
more  than  one  dollar   per  session :     Provided,    That   the   trustees  are 
hereby  authorized  to  purchase  said  scholarships  whenever,  in  their  opin- 
ion, it  is  for  the  best  interests  of   the  university,  at  not  more  than 
ninety  cents  to  the  dollar,  by  giving  notice  in  some  newspaper  published 
in  the  town  of  Bloomington,  that  they  are  ready  to  purchase  said  schol- 
arships ;  and,  after  the  date  of  such  notice,  no  person  shall  be  entitled 
to  any  benefits  under  the  provisions  of  said  scholarships,  except  to  sell 
the  same,  as  is  provided  in  this  act.     (1) 

[1861  S.,  p.  88.    Approved  May  11,  1861,  and  in  force  September  7,  1861.]  , 

4593.  Library.     The  State  Librarian  is  directed  to  transfer  from 
the  State  Library  to  the  Library  of  the  Indiana  University  a  complete 
set  of  jurnals  of  both  Houses  of  the  Legislature,  a  copy  of  all  laws 
enacted  since  the  organization  of  the  State,  and  of  all  reports  from  the 


SCH. M.I.     LAW    OK     INDIANA. 


209 


eral  departments  of  Stati-.  and  of  those  received  from  other  States, 
from  the  general  government,  together  with  all  other  hooks  and 
oeumeiits  of  which  there  are  duplicates  now  in  the  State   Library,  or 
all  be  hereafter  received  :      7Von<W,   That  such  books  and  documents 
be  spared  without  injury  to  the  State  Library,  and  that  such  transfer 
made  without  expense  to  the  State.       (2) 

4594.  State  Geologist.  The  State  Geologist,  while  he  holds  his 
ce,  shall  be  regarded  as  a  member  of  the  faculty  of  the  university ; 
and  he  is  hereby  directed,  in  his  reconnoisances,  to  collect  duplicate 
specimens  of  mineralogy  and  geology,  and  to  deposit  one  set  of  the  same 
in  the  cabinet  of  the  State  University  (3) 


[1  R.  S.  1852,  p.  504,  Approved  June  17,  1852,  and  in  force  May  6,  1853J 

4595.  Fund,  how  derived—  Loans.    The  University  fund  shall 
•nsist  of  the  lands  in  Monroe  and  Gibson  Counties,  and  the  proceeds  of 

sales  thereof,  and  all  donations  for  the  use  of  such  university,  where 
the  same  is  expressly  mentioned  in  the  grant,  or  where  in  such  grant  the 
term  "University"  only  is  used;  the  principal  of  which  fund,  when 
paid  into  the  State  Treasury,  shall  be  loaned,  and  the  annual  interest 
thereon  applied  to  the  current  expenses  of  the  university,  upon  warrants 
drawn  on  the  Treasurer  of  State  by  the  Auditor  of  State,  on  the  requi- 
sition of  the  Hoard  of  Tru>tees,  signed  by  the  president  and  attested  by 
cretary  thereof.  (28) 

4596.  Auditor  of  State  to  loan—  Duty.     It  shall  be  the  duty  of 

the  Auditor  of  State  to  loan  out'  such  fund  upon  real  estate  security. 
He  shall  duly  inform  himself  of  the  value  of  all  real  estate  offered  in 
pledp-.  and  shall  be  judire  of  the  validity  of  the  title  thereof;  nnd  any 
i)  applying  for  a  loan  shall  produce  to  said  auditor  the  title-papers 
to  such  real  estate,  showing  title  in  fee-simple,  without  incumbrance,  and 
not  derived  through  any  executor's  or  administrator's  sale,  or  sale  on 


4597.     Form  of  mortirairr.     Th«   mortiiage  to  be  taken  may  be  in 

the  following  form,  in  substance:      (30) 

/.   .1.    />'.,  <>f  tin-  rnii  nl  u  «f  -     -  ,   in  thf  Sf'th-  ,,f  Intlinnii,  <l>  «*.</'//»  ami  /ran,' 
th,   »'i/«   nf   fiiih'tiiin   till  [ht-re  dc-crih.-  the  l:m<l],   irhirh    I  </,W,/,v   /,,  /„•  ,t,,,rf;/l,;/«l   ('•;• 
th-  i»iini,»nt  nf  -  f  /•»//«/•*,  ii'itti  inttmt  at  the  rate  o/xeiv/i  }»T  rent,  /vr  <in»mn,  pay- 


tn  (/<>•  i;,inliti,,nx  nf  ths  >!'•/,•  hn-i-nntn  mi- 


4598.     Form  of  note.     The  note  accompanying  the  same  may  be, 

in  substance,  as  follows:      (31) 

i.  L.v\\. 


210 


SCHOOL    LAW    OF    INDIANA. 


/,  A.  B.,  promise  to  pay  to  the  State  of  Indiana,  on  or  before  the day  of y, 

the  sum  of ,  icith  interest  thereon  at  the  rate  of  seven  per  cent,  per  annum,  in 

advance,  commencing  on  the day  of .  18 — ,  and  do  agree  that,  in  case  of 

failure  to  pay  any  installment  of  said  interest,  the  said  principal  shall  become  due  and 
collectible,  together  with  all  arrears  of  interest;  and  on  any  such  failure  to  pay  principal 
or  interest  when  due,  Jive  percentum  damages  on  the  whole  sum  due  shall  be  collected  irith 
costs,  and  the  premises  mortgaged  may  be  forthwith  sold  by  the  Auditor  of  Public  Accounts 
[Auditor  of  State],  for  the  payment  of  such  principal  sum,  interest,  damages  and  costs. 

4599.  Loans— Security.     No  greater  sum  than  five  hundred  dol- 
lars shall  be  loaned  to  any  one  person  out  of  such  fund,  nor  shall  the 
loan  be  for  a  longer  period  than  five  years ;  and  the  sum  loaned  shall 
not  exceed  one-half  of  the  appraised  value  of  the  premises  to  be  mort- 
gaged, clear  of  all  perishable  improvements.     The  Auditor  may  reduce- 
the  amount  to  be  loaned  on  any  such  valuation,  when,  for  any  cause, 
he  may  have  reason  to  believe  the  same  was  not  in  proportion  to  the 
prices  of  similar  property  selling  in  the  vicinity,  such  valuation  to  be 
made  from  the  valuation  of  the  same  property  in  the  assessment  of  the 
State  revenue.     (32)' 

4600.  Interest.     The  rate  of  interest  required  shall  be  seven  per 
cent,  in  advance,  payable  annually.     On  failure  to  pay  any  installment 
of  interest  when  due,  the  principal  shall  forthwith  become  due  ;  and  the 
note  and  mortgage  may  be  collected.     (33) 

This  section  was  not  repealed  by  the  general  interest  law  of  1879,  fixing  the 
rate  at  eight  per  cent. — State  v.  Carr,  111  Ind.  335. 

4601.  Priority  of  mortgage.     Such  mortgages  shall  be  consid- 
ered as  of  record  from  the  date  thereof;  and  shall  have  priority  of  all 
mortgages  or  conveyances  not  previously  recorded,  and  of  all  other  liens 
not  previously  incurred,  in  the  county  where  the  land  lies.      (34) 

4602.  Recording  of  mortgage.    It  shall  be  the  duty  of  the  Auditor 
to  have  such  mortgages  recorded  with  due  diligence,  the  expense  whereof 
shall  be  born  by  the  mortgagor,  and  may  be  retained  out  of  the  money 
borrowed.     (35) 

4603.  Certificate  as  to  liens.     The  person  applying  for  a  loan  shall 
file  with  the  Auditor  the  certificate  of  the  clerk  and  recorder  of  the  county 
in  which  the  land  lies,  showing  that  there  is  no  conveyance  of  or  incum- 
brance  on  said  land  in  either  of  their  offices.      (36) 

4604.  Abstract  of  title.     Such  person  shall  also,  before  he  receives 
the  money  to  be  loaned,  make  oath  to  the  truth  of  an  abstract  of  the  title 
to  his  said  land,  and  that  there  is  no  incumbrance,  or  better  claim,  as  he 
believes,  upon  said  land.     (37) 


SCHOOL    LAW    OF    INDIANA. 


211 


15.     Auditor's  duty.     On   making  any  loan  of  such   fund,  the 
ulitor  shall  draw  his  warrant  on  the  Treasurer  in  favor  of  the  borrower ; 
and  the  Treasurer  shall  pay  the  same,  and  charge  it  to  the  proper  fund. 


lh: 


4606.  Payment.  All  loans  refunded,  and  all  interest,  shall  be  paid 
into  the  State  Treasury  ;  and  the  Treasurer's  receipt  shall  be  filed  with 
the  Auditor  of  State,  who  shall  give  the  payer  a  quietus  for  Uie  amount 
reof,  and  make  the  proper  entries  upon  his  books.  (39) 


4607.  Satisfaction.     Whenever  the  amount  due  on  any  mortgage 
shall  be  fully  paid,  and  the  Treasurer's  receipt  filed  therefor,  the  Auditor 
-shall  indorse  on  the  note  and  mortgage  that  the  same  has  been  fully 
satisfied,  and  surrender  them  to  the  person  entitled  thereto;  and  on  the 
production  of  the  same,  with  such  indorsement  thereon,  the  recorder  of 
the  proper  county  shall  enter  satisfaction  upon  the  record  thereof.    (40) 

4608.  Loans,  how  collected.     When  the  interest  or  principal  of 
any  such  loan  shall  become  due  and  remain  unpaid,  the  Auditor  shall  pro- 
ceed to  collect  the  same  by  a  suit  on  the  note,  or  by  sale  of  the  mortgaged 
premises,  or  both,  as  to  him  may  seem  most  advisable.     He  may,  also, 
by  proper  action,  obtain  possession  of  the  mortgaged  premises.     (41) 

4609.  Judgment.      In  case  of  suit  on  such  note,  and  judgment 
thereon,   no   stay  of  execution  or  appraisement  of  property  shall   be 
allowed.     (42) 

4610.  Notice  of  sale.     On  failure  to  pay  any  interest  or  principal, 

when  due  on  any  such  mortgage,  the  Auditor  shall  advertise  the  mort- 
gaged property  for  sale  in  one  or  more  of  the  newspapers  printed  in  this 
sixty  -lays  —such  sale  to  take  place  at  the  court  house  door  in 
Indianapolis.     (43) 

A  failure  to  jrive  notier,  or  to  not  #ive  it  the  required  length  of  time,,  renders 
tin-  -all-  void.  Hrown  /•.  <  >•_••-.  -.",  Ind.  I'.".  \.  Al>l>n- viations  may  !><•  n-fd  in  the 
description.— Banaemer  v.  Mao-.  1*  Ind.  -J7. 

4611.  Sale.      At  the  time  appointed  for  such  sale,  the  Auditor  ami 
Tiva.-uivr  '  t'  >tate   shall   attend  :    and  the  Auditor  shall  make  sale  of  so 
much  of  the  DQ  !  pivmi-e-,  to  the  highest  bidder,  for  rash,  as  will 
pay  the  amount  due  tor  principal,  inteivst,  damages,  and  costs  of  adver- 
tising and  selling  the  same:  and  such  sal«-s  may  bo  in  parrels,  so  that  the 
whole  amount  required  he  ivali/.e<l.      (44) 

1.  A  <:i\>-  for  inoi-f  than  i-  dm-  i-  void.  Hn.wn  r.  <  Hrij.  S.~>  Ind.  L'.'M.  Tin- 
auditor  may  act  l>y  df|>nty.  Han-finer  '•.  Mace,  l1^  Ind.  'J7. 

'2.  It  is  not  necessary  to  offer  the  mortgaged  tract  in  parcels. — Bansemer  r. 
Mnee,  18  Ind.  '27. 


212 


SCHOOL    LAW    OF    INDIANA. 


4612.  When  Auditor  to  buy — Re-sale.    In  case  no  one  will  bid 
the  full  amount  due  as  aforesaid,  the  Auditor  shall  bid  in  the  same,  on 
account  of  the  proper  fund ;  and  as  soon  thereafter  as  may  be,  he  shall 
sell  the  same  to  the  highest  bidder  for  cash,  or  on  a  credit  of  five  years, 
interest  being  payable  annually  in  advance.     (45) 

4613.  Limit  of  bid — Overplus.     The  sale  authorized  in  the  pre- 
ceding section  shall  not  be  for  less  than  the  amount  chargeable  on  such 
land ;  but  if  for  more,  the  overplus  shall  be  paid  to  the  mortgagor,  his 
heirs  or  assigns.     (46) 

4614.  Statement  of  sale.     The  Treasurer  shall  attend  and  make 
a  statement  of  such  sales,  which  shall  be  signed  by  the  Auditor  and 
Treasurer,  and,  after  being  duly  recorded  in  the  Auditor's  office,  shall 
be  filed  in  the  Treasurer's  office;  and  such  record,  or  a  copy  thereof, 
authenticated  by  the  Auditor's  or  Treasurer's  certificate,  shall  be  re- 
ceived as  evidence  of  the  matters  therein  contained.     (47) 

4615.  Title  in  State,  without  deed.    When  any  land  is  bid  in 
by  the  State  at  such  sale,  no  deed  need  be  made  therefor  to  the  State ; 
but  the  statement  of  such  sale,  and  the  record  thereof  made,  as  in  the 
preceding  section  required,  shall  vest  the  title  in  the  State,  for  the  use 
of  the  fund.     (48) 

4616.  Sale  for  Cash — Certificate.   'In  case  of  a  sale  of  any  such 
land  to  any  person  for  cash,  on  the  production  of  the  Treasurer's  re- 
ceipt for  the  purchase  money,  the  Auditor  shall  give  to  the  purchaser 
a  certificate,  which  shall  entitle  him  to  a  deed  for  said  land,  to  be  exe- 
cuted by  the  Governor  of  this  State  and  recorded  in  the  office  of  the 
Secretary  of  State.     (49) 

4617.  Sale  on  Credit.     In  like  manner,  when  any  tract  bid  in  by 
the  State  is  sold  on  a  credit,  on  the  execution  and  delivery  of  a  note 
and  mortgage  for  the  proper  amount,  as  in  other  cases  required,  the 
purchaser  shall  be  entitled  to  a  deed  for  the  same,  to  be  made  as  pre- 
scribed in  the  preceding  section ;  and  the  transaction  shall  be  entered, 
and  appear  upon  the  Auditor's  and  Treasurer's  books  as  a  payment  of 
the  sum  bid,  and  a  re-loan  of  the  same  to  the  purchaser,  and  the  proper 
receipts  and  warrants  shall  pass  therefor.      (50) 

4618.  Fees  and  damages.     For  the  services  of  the  Auditor  and 
Treasurer  in  conducting  such  sales,  they  shall  be  entitled  to  receive  five 
per  cent   damages,  chargeable  on  such  sales.      (51) 

4619.  Accounts— Reports.    The  Auditor  and  Treasurer  shall  keep 
fair  and  regular  entries  of  the  sums  received  and  paid  out  on  account 
of  said  fund,  and  shall  include  the  same  in  their  annual  reports.     (52) 


214 


SCHOOL    LAW    OF    INDIANA. 


4626.  Commissioners'  duty.  Money  collected  by  such  commis- 
sioners shall  be  paid  over  to  the  treasurer  of  the  board,  who  shall  exe- 
cute to  such  commissioners  two  receipts  therefor,  each  specifying  the 
persons  from  whom  such  money  was  collected,  and  the  amount  thereof, 
whether  for  interest  or  principal ;  one  of  which  receipts  shall  be  imme- 
diately forwarded  to  the  Auditor  of  State,  to  be  by  him  used  in  his  set- 
tlement with  such  treasurer.  (59) 


4627.    Pay  of  Commissioners. 

•compensation  of  such  commissioners. 


Such  board   shall   regulate  the 
(60) 


4628.  Patents,  and  recording.     Patents  for  land  sold  shall  be 
made  by  the  Governor,  and  recorded  in  the  office  of  the  Secretary  of 
State.     (61) 

[1855,  p.  201.    Approved  and  in  force  March  3, 1855.] 

4629.  Pay  for  managing  fund.    The  Auditor  of  State  and  the 
Treasurer  of  State,  for  the  management  of  the  university  fund,  shall  be, 
jointly,  entitled  to  receive  five  per  centum  upon  the  interest  paid  in  on 
euch  fund ;  and  it  shall  not  be  lawful  for  them,  or  either  of  them,  to 
make  any  other  charges  against  the  same.     (7) 

4630.  Extension  of  payments.     The  time  for  the  final  payments 
to  be  made  by  the  holders  of  original  certificates  for  the  purchase  of 
lands  reserved  and  granted  to  the  State  University  of  Indiana,  in  the 
case  of  all  such  certificates  as  have  heretofore  been  issued  and  are  now 
outstanding,  shall  be  extended  for  the  further  term  of  three  years  from 
the  time  when  the  same  may,  respectively,  fall  due.     (8) 

4631.  Forfeiture,  how  prevented.    Any  and  all  holders  of  such 
certificates,  as  aforesaid,  who  have  forfeited  such  lands  by  the  non-pay- 
ment of  interest  on  the  purchase-money,  shall  be  exempted  and  released 
from  such  forfeiture  by  paying,  to  the  commissioners  of  such  lands,  on 
or  before  the  first  day  of  August,  in  the  year  1855,  all  interest  due  on 
the  same,  together  with  the  interest  upon  the  amount  due  at  the  time  of 
euch  forfeiture  up  to  the  time  of  said  payment ;  and  upon  such  payment 
being  made,  in  the  manner,  and  within  the  time  herein  specified,  the 
holder  of  such  certificate  shall  have  the  same  rights  under  it  as  if  such 
forfeiture  had  never  occurred.     (9) 

4632.  Forfeited  lands.     If  any  portion  of  said  lands  now  forfeited 
shall  not  have  been  redeemed  on  said  first  day  of  August  next,  as  pro- 
vided in  the  preceding  section,  it  shall  be  the  duty  of  the  commissioners 
of  such  reserved  lands  to  sell  the  same  for  the  best  price  they  can  obtain, 


LAW    i»F     IM>1,\.\.\.  215 

than  the  original  purchase  price,  allowing  the  purchaser  a  credit 
e  same  as  now  provided  l>y  law.  If  any  of  such  lands  shall  here- 
be  forfeited,  it  shall  be  the  duty  of  such  commissioners,  if  the 
be  not  redeemed  within  six  months  from  the  time  of  such  for- 
eiture,  to  sell  the  same  on  the  terms  in  this  section  above  provided. 
•"..r  their  services  in  effecting  such  sales,  the  commissioners  shall  be 
•ntitled  to  retain,  out  of  the  first  money  received  from  the  purchasers, 
ive  per  cent,  upon  the  amount  of  the  purchase  price  of  such  lands. 


4633 


[1859,  p. 234.    Approved  and  in  force  March  2, 1859.] 


i 


Appraisement  of  lands.  The  Board  of  Trustees  of  the 
Indiana  University  shall  cause  to  be  appraised  the  land  granted  by  the 
Tinted  States  to  the  State  of  Indiana  for  the  use  of  the  said  university. 
(1) 

4634.  Where  filed  and  recorded.    It  shall  be  the  duty  of  the 

said  trustee-,  when  the  said  appraisement  shall  have  been  made,  to  record 
the  same  upon  their  bonks,  and  to  file  a  copy  of  the  same  in  the  office  of 
tin  Auditor  of  i^tate,  to  be,  by  said  Auditor,  recorded  in  his  office;  and, 
also.  to  tilt-  copies  of  Mich  appraisements  of  the  lands  in  the  respective 
counties  in  the  office  of  the  auditor  of  the  county  where  the  lands  are 
situate,  to  he  by  said  County  Auditor  recorded.  (2) 

4635.  Duty  of<  oimty  Auditors.     The  Auditor  of  each  of  the  said 
counties   shall,    upon    said    appraisements  being  filed   as  aforesaid,  and 
when  required  BO  to  do  by  the  said  Board  of  Trustees,  offer  for  sale  so- 
much  of  tin-  said   lands  as  may  he  within  their  respective  counties  at 
public  auction,  in  the  manner  hereinafter  mentioned.      (3) 

4636.  Notice  of  sale.     Notice  of  the  time,  place,  and  conditions  of 

such  sale  shall  he  iriven  by  publication,  for  four  weeks  successively  in  a 
;.uper  published  in  such  county,  if  any  there  be;  if  not,  in  a  news- 
paper in  this  State  published  nearest  thereto,  and  also  by  posting  up 
written  or  printed  notices  thereof  in  three  of  the  most  public  places  in 
the  township  in  which  the  lands  are  situated,  and  a  like  notice  at  the 
court  house  door  at  the  county  seat.  (4) 

4637.  Sale.     The  place  of  sale  for  said  lands  shall  be  at  the  court 
house  in  each  county  of  this  State  in   which  the  said    lands  may  lie  situ- 
ated ;  and   it  shall   l>e  the  duty  of  the  County  Auditor  to  attend  at  the 
court  house  of  his  county  at  the  time  mentioned  in  the  notice  of  the  sale 
of  said  lands,  and  offer  for  sale  at   public  auction,  in  legal  subdivisions, 
and  as  near  as  practicable  in  half-quarter  sections,  all  the  lands  lying 


•21(5 


SCHOOL    LAW    OF    INDIANA. 


within  his  county ;  and,  for  that  purpose,  he  shall  continue  the  sale  from 
day  to  day,  until  all  of  the  said  lands  shall  have  been  offered  for  sale. 

(5) 

4638.  Terms  of  sale.     The  said  lands  shall  be  offered  for  sale  at  the 
time  and  place  mentioned  in  such  publication,  and  struck  off  to  the 
highest  bidder  by  said  County  Auditor  and  County  Treasurer,  for  a  price 
not  less  than  the  appraised  value  thereof — one-fourth  of  the  purchase 
money  to  be  paid  in  hand,  and  the  remaining  three-fourths  at  the  expira- 
tion of  ten  years  from  the  date  of  such  sale,  with  interest  annually  in 
advance,  at  the  rate  of  seven  per  cent,  per  annum,  upon  the  residue  or 
deferred  payment.     (6) 

4639.  Private  entry.     When  any  of  said  lands,  offered  at  public 
sale  as  aforesaid,  shall  remain  unsold,  they  shall  be  subject  to  private 
entry  with  the  County  Auditor  and  County  Treasurer  of  each  county, 
upon  the  same  terms  and  conditions  as  lands  sold  at  public  auction,  for 
a  sum  not  less  than  the  appraised  value  thereof,  by  any  person  applying 
to  enter  the  same.     (7) 

4640.  Certificate  Of  purchase.     When  any  sale  shall  be  effected, 
either  at  public  or  private  sale  as  aforesaid,  the  County  Auditor  shall 
give  to  the  purchaser  thereof  a  certificate,  signed  by  him  officially,  bearing 
date  on  the  day  of  sale,  stating  therein  the  name  of  the  purchaser,  the 
tract  or  tracts  of  land  purchased  by  him,  the  number  of  acres  contained 
in  said  tract  or  tracts,  the  price  per  acre,  and  the  whole  sum  for  which 
the  same  was  sold,  the  amount  of  principal  paid,  and  the  amount  of 
interest  paid  in  advance.     (8) 

4641.  Certificate  to  be  registered.    Said  certificate  shall  be 
registered  by  the  County  Auditor  in  a  book  provided  for  that  purpose, 
by  entering  in  said  book  a  correct  copy  thereof.     (9) 

4642.  Certificate  assignable.     Said  certificates  of  entry  shall  be 
evidence 'of  title  to  the  land  therein  mentioned  in  the  persons  in  whose 
names  they  shall  issue,  or  their  assigns,  and  shall  be  assignable,  provided 
guch  assignments  be  acknowledged  before  the  Auditor  of  the  county 
wherein  the  land  is  situated   (who  is  hereby  authorized  to  take  such 
acknowledgments),  and  recorded  by  said  Auditor  in  a  book  to  be  kept 
by  him  for  that  purpose ;  for  which  service  the  said  Auditor  shall  be 
entitled  to  receive  a  fee  of  fifty  cents,  to  be  paid  by  the  assignor  of  such 
certificate.     (10) 

4643.  Forfeiture.     On  failure  of  any  purchaser  to  pay  any  install- 
ment of  interest  on  said  deferred  payment  of  purchase  money  when  the 


J.AW    or    INDIANA.  '217 


e  becomes  due,  the  contract  shall  become  forfeited,  and  tlie  land 
<hall  immediately  revert  to  the  State  for  the  use  of  said  university,  and 
the  County  Auditor  shall  forthwith  proceed  to  sell  the  same  iu  the  man- 
ner and  on  the  terms  hereinbefore  specified  for  said  public  sales.  (11) 

4044.     Surplus.     If,  on  such  subsequent  sale,  such  lands  shall  pro- 
duce more  than  is  sufficient  to  pay  the  sum  owing  therefor,  with  int 
and  costs,  and  five  per  cent,  damages  upon  the  amount  due  on  such 
lands,  the  surplus  shall,  when  collected,  be  paid  over  to  the  purchaser 
so  forfeiting  or  his  legal  representative.     (12) 

45.  Forfeiture,  how  prevented.  At  any  time  before  such  sub- 
ent  sale,  payment  of  the  sum  due,  with  interest  for  the  delay,  and 
all  costs,  together  with  two  per  cent,  damages  upon  the  amount  due  on 
such  lands,  shall  prevent  such  sale  and  revive  the  original  contract.  (13) 

4646.     Land,    how   redeemed.     The  former  owner  of  any  lands- 

Isold  as  delinquent,  his  heirs,  executors,  or  administrators,  may,  at  any 
time  within  one  year  after  such  re-sale,  redeem  the  same,  by  paying  to* 
the  purchaser,  his  heirs  or  assigns,  or  to  the  County  Treasurer,  for  him 
or  them,  the  amount  of  purchase  money  paid  by  such  purchaser,  to- 
gether with  all  subsequent  payments,  either  of  principal  or  interest, 
which  such  purchaser,  or  those  claiming  under  him,  may  have  rnade- 
thereon,  with  interest  at  the  rate  of  ten  per  cent,  per  annum.  (14) 
4647.  Security.  The  Board  of  Trustees  may  require  security 
from  the  purchaser  at  any  of  said  sales,  sufficient  to  prevent  any  waste 
being  committed  upon  the  lands  by  the  removal  of  timber  therefrom,  or 
otherwise.  (15) 

4648.  Suit  for  waste.     In  case  of  any  forfeiture  as  aforesaid,  the 
purchaser  so  forfeiting  shall  be  liable,  and  may  be  sued,  for  unnecessary 
injury  or  waste  done  to  such  land,  and  damages  to  double  the  amount 
of  such  injury  <>r  waste  recovered  therefor — such  suit  to  be  begun  and 

prosecuted   by  the  auditor  of  the   county   where   the  land   lies,   in   the 
name   of  the  State   of  Indiana,  for  the  use  of  the  said  university.      (Hi) 

4649.  Patent,  Oil  full   payment.     On  full   payment  being  made 
for  any  such   land    the  County  Auditor  shall   issiu-  to  the  purchaser,  or 

I    his   assignee,    a   final   certiticate   therefor;    which,    upon    presentation    to 
the  Auditor  of  State,  shall  entitle  the  owner  thereof  to  a  patent  for  the 
land  described  therein,  to  be  issued  by  the  Governor  and  recorded  in 
the  office  of  the  Secretary  of  State.     (17) 
, 


By  an  act  of  1889  the  trusti-i->  \vcn-  authorized  to  >i-l\  certain  lands  in  Ring- 
gold  County,  low::,  o\vm-d  l>y  ilu-  univ.  r-;ty.  and  to  execute  a  deed  therefor.  Acts- 
1889,  p.  L' 


218  SCHOOL    LAW    OF    INDIANA. 

4650.  Auditor's  report.     The  County  Auditor  shall  make,  on  the 
first  Monday  of  each  mouth,  a  report  of  his  sales  of  said  lands  to  the 
secretary  of  the  Board  of  Trustees  and  to  the  Auditor  of  State,  show- 
ing the  date  of  sale,  the  description  of  the  lands  sold  from  time  to  time, 
the  number  of  acres,  the  price  per  acre,  the  total  amount  each  tract 
sold  for,  the  amount  of  principal  paid  and  the  amount  of  interest  paid, 
and  of  all  forfeitures,  re-sales,  and  redemptions  thereof.     (18) 

4651.  Treasurer's  report.     The  County  Treasurer  shall  make  a 
report,   on  the  first  Monday  of  each  month,  to  the  treasurer  of  the 
Board  of  Trustees  of  the  university  and  to  the  Treasurer  of  State,  of 
all  moneys  received  by  him,  whether  principal  or  interest,  on  account 
of  such  lands ;  and  the  said  Board  of  Trustees  shall  require  the  books 
of  their  secretary  and  treasurer  to  be  so  kept  as  to  exhibit  the  true  con- 
dition of  the  accounts  of  all  such  purchases  and  sales  of  the  said  lands. 
(19) 

4652.  To  pay  money  to  State  Treasurer.    The  County  Treas- 
urer shall,  on  the  first  Monday  of  each  month,  pay  over  to  the  Treasurer 
of  State  all  sums  received  on  account  of  the  principal  of  the  purchase 
money  of  said  lands,  and  shall  pay  to  the  treasurer  of  the  Board  of 
Trustees  of  the  university  all  sums  received  on  account  of  the  interest 
upon  the  purchase  money  of  the  said  lands.     (20) 

4653.  Pay  of  Auditor  and  Treasurer.    The  several  County 
Auditors  and  Treasurers  shall  receive  for  their  services  the  same  com- 
pensation which  may,  from  time  to  time,  be  allowed  by  law  for  similar 
services  in  relation  to  the  sale  of  common  school  lands,  which  shall  be 
in  full  for  all  their  services  required  by  this  act.     (21) 

4654.  Loans.     The  Auditor  of  State  shall  loan  out  the  said  prin- 
cipal of  the  moneys  received  from  the  several  County  Treasurers  on 
.account  of  said  sales,  in  the  same  manner,  and  requiring  the  same  se- 
curity, as  other  portions  of  the  university  fund  is  now  or  may  hereafter 
be  required  by  law  to  be  loaned  out,  and  shall  pay  over  to  the  treasurer 
of  the  Board  of  Trustees  the  interest  derived  from  said  principal,  as  a 
part  of  the  income  of  the  university.     The  said  Auditor  of  State  shall, 
in  his  annual  report  to  the  Legislature,  report  the  names  of  the  bor- 
rowers of  the  whole  of  the  university  fund,  the  amount  borrowed  by 
each,  and  the  total  amount  on  loan  at  the  date  thereof,  and  the  amount 
of  the  suspended  debt,  if  any,  and  in  whose  name  forfeited.     (22) 

4655.  Disposition    of  proceeds.     Of  the  first  proceeds  of  said 
sum,  the  said  Board  of  Trustees  shall  be  entitled  to  receive  an  amount 
•equal  to  the  amount  of  interest  belonging  to  the  university  and  loaned 


LAW    oK     IMilAN  \. 


219 


principal  by  the  Auditor  of  State,  as  shown  by  the  report  of  that 
»fficer  to  the  General  Assembly  at  the  session  of  1*51-2;  which  shall 
>e  paid  to  the  treasurer  of  tin-  Hoard  of  Trustees  of  the  university, 
md  be  applied,  under  the  order  of  the  Board  of  Trustees,  t<.  the  dis- 
charge of  the  debts  growing  out  of  the  rebuilding  of  the  university,  and 
,o  the  purchase  of  a  suitable  library,  philosophical  apparatus  therefor, 
>r  proper  furniture,  in  place  of  those  destroyed  by  the  burning  of  the- 
miversity.  (23) 

4656.  Report  of  sales.      The   Board  of  Trusees   shall,   in   their 
innual  report,  include  a  full  statement  of  the  amount  of  the  sales  of 
such   lands,  -and   the   application  of  the   funds   received   therefor,  as 
reported  to  them,  from  time  to  time.     (24) 

4657.  One  Trustee  to  attend  sales.    One  member  of  the  Board 
of  Trustees,  to  be  designated  by  the  board,  shall  attend  to  the  public- 
sales  of  the  said  lands,  to  prevent  combinations  injurious  to  the  interests 
of  the  university ;  and  he  shall  have  power  to  withdraw  the  said  lands, 
or  any  portion  thereof,  from  sale,  when,  in  his  judgment,  the  interests 
of  the  university  would  be  thereby  promoted,  and  shall  have  the  power 
and  right  to  designate  and  determine  in  what  sub-divisions  any  of  the 
said  lands  may  be  sold,  at  the  time  of  said  public  sale,   for  the  best 
interests  of  the  said  university.     (25) 

4658.  No  member  to  deal  in  the  lands.    Xo  member  of  the  Board 
of  Trustees  of  the  university  shall,  either  directly  or  indirectly,  become 
the   purchaser  of  any  such  lands   at   any   sale   made  by   the   County 
Auditor,  or  by  private  entry  with  the  Auditor,  after  any  forfeiture  of 
purchase  ;  and  any  sale  made  to  any  member  of  the  said  board,  contrary 
to  the  provisions  of  this  section,  shall  be  absolutely  void,  and  the  pur- 
chase-money, and   interest  which   may  have  been   paid  thereon,  shall  be 
forfeited  to  the  university  fund.      (26) 

4659.  Trust  ITS  to  irrt   information.    The  commissioners  of  the 

university  lands  in<Jibs«ui  and  Monroe  counties,  and  the  several  County 
Auditors  and  Treasurers  <>t'  the  countie.-  in  which  any  of  the  university 
lands  are  .-ituated  shall  furnish  such  information  in  relati««n  to  the  hinds 
and  other  property  of  the  university,  as  may,  from  time  to  time,  be 
required  of  them  by  the  said  Hoard  of  Trustees,  and  shall,  report,  annu- 
ally, the  amount  of  unpaid  purchase-money  due  on  the  lands  sold  for  the 
uee  of  the  said  university,  in  each  of  their  counties.  (27) 


220 


SCHOOL    LAW    OF    INDIANA. 


[1867,  p.  20.    Approved  and  in  force  March  8, 1867.] 

4660.  Annual  appropriation.  There  shall  be  appropriated,  out 
of  the  State  Treasury,  the  sum  of  eight  thousand  dollars,  annually, 
hereafter,  to  be  paid  semi-annually,  commencing  on  the  thirty-first  day 
of  March,  1867.  The  same  shall  be  paid  out  of  said  treasury,  upon  the 
warrants  of  the  Auditor  of  said  State,  as  the  interest  upon  said  univer- 
sity fund  is  now  paid  out.  (1) 

[1873,  p.  17.    Approved  and  in  force  February  19,  1873.] 

"4661.  Annual  appropriation.  There  shall  be  appropriated,  out 
of  the  State  Treasury,  fifteen  thousand  dollars,  annually,  hereafter,  for 
the  use  of  said  Indiana  University,  additional  to  the  amount  appro- 
priated therefor,  by  the  act  of  March  8,  1867,  to  be  paid  semi-annually, 
commencing  on  the  thirtieth  day  of  September,  1872.  The  money 
hereby  appropriated  shall  be  paid  out  of  said  treasury,  upon  the  war- 
rants of  the  Auditor  of  State,  as  the  interest  upon  the  said  university 
fund  is  now  paid  out.  (1) 


PURDUE  UNIVERSITY. 

[1865,  p.  106.    Approved  and  in  force  March  6,  1865.] 

4662.  Agricultural  college  scrip.    The  State  of  Indiana  accepts 
.and   claims   the   benefits   of  the   provisions  of  the   acts   of  Congress, 
-approved  July  2,  1862,  and  April  14,  1864,  and  assents  to  all  the  con- 
ditions and  provisions  in  said  acts  contained.     (1) 

1.     The  acts  of  Congress  referred  to  in  this  section  will  be  found  in  the  acts 
of  1865,  (p.  106),  set  out  at  length  in  the  preamble. 

4663.  The  first  Trustees,  and  original  name.    The  Governor 
of  this  State,  for  the  time  being,  and  Alfred  Pollard  of  Gibson,  Smith 
Vawter  of  Jennings,  Henry  Taylor  of  Tippecanoe,  and  Lewis  Burk  of 
Wayne,  and  their  successors,  are  created  a  body  corporate,  under  the 
name  of  ''The  Trustees  of  the  Indiana  Agricultural  College."     (2) 

4664.  Sale  and  investment  of  scrip.    Said  trustees  shall,  by  the 
hand  of  their  treasurer,  claim  and  receive  from  the  Secretary  of  the 
Interior  the  land  scrip  to  which  this  State  is  entitled  by  the  provisions 
of  said  acts  of  Congress ;  and,  under  their  direction,  said  treasurer  shall 
sell  the  same,  in  such  manner  and  at  such  times  as  shall  be  most  advan- 
tageous to  the  State,  and  shall  invest  the  proceeds  thereof,  and  any  inter- 
est that  may  accrue  thereon,  in  the  stocks  of  the  United  States,  or  of 


].\\\     oF     IMHANA.  '2'2\ 

.his  Sun,-,  yielding  not  less  than   five  per  centum   per  annum,  upon  the 
MT  value  of  the  Stocks ;    and  -aid   principal   ami   interest   shall  continue 
[O  be  HI  invented,  until   further  provision  -hall   he  ma«le  hy  the  General 
•;l»ly  of  this  State  for  fulfilling    the    requirements  of  said   act-  of 
(5) 


[1869  8.,  P.  -4.    Approved  and  in  fon-e  M.-iy  »i.  1869.] 


4665.  Donations  accepted.     The  donation  offered  by  John  Pur- 
due, as  set  forth  and  communicated  to  the  present  General  Assembly  in 
the  me»aire  of  the  Governor,  on  the  sixteenth  day  of  April,  1869,  and 
the  donations  offered  by  the  county  of  Tippecanoe,  the  trustees  of  the 
Battle-Ground  Institute,  and  the  trustees  of  the  Battle-Ground  Institute 
of  the  Methodist  Kpiscopal  Church,  as  set  forth  and  communicated  to 
the  General  Assembly,  at  its  last  session,  in  the  message  of  the  Gov- 
ernor, of  the  twenty-seventh  day  of  January,  1869,  are  hereby  accepted 
by  the  State  of  Indiana.      (1) 

4666.  Location.     The  college  contemplated  and  provided  by  the 
act  of  Congress,  approved  July  2,  1862,  entitled  "An  act  donating  pub- 
lic lands  to  the  several  States  and  Territories  which   may  provide  Col- 
tor  the  benefit  of  Agriculture  and  the  Mechanic  Arts,"  is  hereby 

located  in  Tippecanoe  County,  at  such  point  as  may  be  determined  be- 
fore the  rir>t  day  of  January,  1870,  by  a  majority  vote  of  the  trustees 
of  the  Indiana  Agricultural  College;  and  the  faith  of  the  State  is 
hereby  pledged  that  the  location  so  made  shall  be  permanent.  (2) 

4667.  Purdue  I  niversity— Permanent  name.    In  consideration 
of  said  donation   by  John  Purdue,  amounting  to  one  hundred  and  fifty 
thousand  dollars,  and  of  the  further  donation  of  one  hundred  acres  of 
land  appurtenant  to  the  institution,  and  on  condition  that  the  same   be 
made  effectual,  the  said  institution,  from  and  after  the  date  of  its  loca- 
tion a.-  afore-aid,  shall   have  the  name  and   style  of  "Purdue  Univer- 
sity" :   and  the  faith  of  the  State  is  hereby  pied-red  that  said   name  and 
style  shall  be  the  permanent  designation  of  said   institution,  without  ad- 
dition thereto  or  modification  thereof.     (3) 

46H8.  Corporate  name— Powers  and  duties  of  Trustees.  From 
and  after  the  date  of  the  location  made  as  aforesaid,  the  corporate  name 
of  the  trustees  of  the  Indiana  Agricultural  College  shall  be  "The 
Trustees  of  Purdue  University"  ;  and  they  shall  take  in  charge,  have, 
hold.  pn>sess,  and  manage,  all  and  singular,  the  property  and  moneys 
comprehended  in  -aid  donations,  as  also  the  fund  derived  from  the  sale 
of  the  land  scrip  donated  under  said  acts  of  Congress,  and  the  increase 


222 


SCHOOL    LAW    OF    INDIANA. 


thereof,  and  all  moneys  or  other  property  which  may  hereafter  at  any 
time  be  donated  to  and  for  the  use  of  said  institution.  They  shall  also* 
have  power  to  organize  said  university  in  conformity  with  the  purposes 
set  forth  in  said  acts  of  Congress,  holding  their  meetings  at  such  times- 
and  places  as  they  may  agree  on,  a  majority  of  their  number  constitut^ 
ing  a  quorum.  They  shall  provide  a  seal ;  have  power  to  elect  all  pro- 
fessors and  teachers,  removable  at  their  pleasure ;  fix  and  regulate  com- 
pensations ;  do  all  acts  necessary  and  expedient  to  put  and  keep  said 
university  in  operation ;  and  make  all  by-laws,  rules,  and  regulations 
required  or  proper  to  conduct  and  manage  the  same.  (4) 

1.  STUDENTS  MUST  SUBMIT  TO  RULES.     A  student  is  required  to  submit  to 
any  proper  rule  necessary  for  the  good  government  of  the  institution.     82  Ind, 
278. 

2.  EXPULSION. — A  student  can  not  be  expelled  for  attending  a  public  ball.. 
32  Mo.  App.  536. 

3.  QUALIFICATIONS  FOR  ADMISSION.     The  faculty  can  not  make  membership 
of  a  Greek-letter  fraternity  or  other  college  secret  society  a  disqualification  for 
admission.     82  Ind.  278. 

4.  RACE  OR  COLOR.     Students  can  not  be  expelled  on  account  of  race  or 
color.     48  Ind.  327;  7  Nev.  342;  18  Mich.  400;  48  Cal.  36;  71  111.  383. 

[Approved  and  in  force  February  17, 1893.] 

4 468 a.  The  trustees  of  Purdue  University  are  hereby  empowered 
to  dedicate  for  a  public  street,  adjoining  the  town  of  West  Lafayette,. 
Indiana,  a  strip  of  land  thirty  feet  in  width,  and  described  as  follows  i. 
beginning  at  the  southeast  corner  of  the  lands  owned  by  said  university,, 
and  running  thence  north  along  the  east  side  of  said  university  lands  to- 
the  State  road,  a  distance  of  about  thirteen  hundred  and  fifty  feet.  (1)> 

4468b.  That  the  trustees  of  Purdue  University  are  hereby  empow- 
ered to  dedicate  for  public  streets  such  strips  of  lands  extending  through 
or  along  the  grounds  owned  by  said  university  as  they  may  deem  for  the 
best  interest  of  said  university.  (2) 

4468c.  An  emergency  exists  for  the  immediate  taking  effect  of  this; 
act,  it  shall  be  in  force  from  and  after  its  passage.  (3) 

4469.  Privileges  of  John  Purdue.  In  further  consideration  of 
his  said  donation,  John  Purdue  shall,  from  and  after  the  taking  effect  of 
this  act,  be  added  as  a  member  of  said  trustees  of  the  Indiana  Agricul- 
tural College,  and  he  shall  also  be  a  member  of  said  trustees  of  Purdue 
University  Should  he,  at  any  time,  cease  to  be  such  member,  he  shall 
be  continued  as  an  advisory  member  of  said  trustees ;  and  he  shall,, 
during  his  lifetime,  have  visitorial  power,  for  the  purpose  of  inspecting 


SCII  "ul,     I.\\V     i.r     INDIANA. 


223 


property,  real  ami  personal,  of  said  university,  recommending  to  the 
trustees  Mich  measures  as  lie  may  deem  neces-ary  tor  the  irood  of  the 
university,  ami  investigating:  the  financial  coin-ecus  of  the  corporation. 
Ami  he  is  authori/ed  to  make  report  of  his  examination,  inspection,  and 
intjiiiries,  to  the  (n-iu-ral  Assembly,  at  any  session  thereof. 

4670.  Amendment  or  repeal.     Thi>  act  shall  be  subject  to  future. 
amendment  or  repeal,  except  BO  far  as   it    provides  for  the  acceptance  of 
donations,  the  location  of  the  college,  the  name  and  style  thereof,  and 
the  rights  and  privileges  conferred  upon  John  Purdue.      (6) 

[1875,  p.  120.    Approved  Mim-h  '.».  ls~r>,  and  in  force  August  24, 1875.] 

4671.  Appointment  of  Trustees.     Upon  the  taking  effect  of  this 
act,  it  shall  he  the  duty  of  the  Governor  of  this  State  to  appoint  six 
trustees  for  the  Purdue  University,  two  of  whom  shall  be  nominated  by 
the  State  Hoard  of  Agriculture,  one  by  the  State  Board  of  Horticulture, 
and  three  selected  by  the  Governor  himself — each  of  said  trustees  to  be 
appointed  from  a  different  congressional  district  from  the  others,  except 
that  two  may  be  appointed  from  the  same  congressional  district  in  which 
said  university  is  situate.      (1) 

4672.  Term  of  office.     The  persons  so  appointed  shall  constitute 
the  Board  of  Trustees  of  said  university,  and  shall  hold  their  offices  as 
follows :     Two  members  of  the  first  board  shall  hold  their  offices  for  one 
year  and  until  their  successors  are  appointed  ;  two  for  two  years,  and  two 
for  three  year-:  and  at  the  expiration  of  the  term  of  office  of  any  of  the 
member-  of  the  first  or  any  subsequent  board,  their  successors  shall   be 
appointed  in  like  manner,  and  with  like  nomination,  as  provided  in  this 
act,  to  hold  their  offices  for  the  term  of  three  years,  and  until  their  suc- 
cessors are  appointed.       - 

4673.  Vacancies,  liow  filled.     If,  from  any  cause,  a  vacancy  occur 
in  said  board,  the  same  shall    be  filled,  by  appointment,  to  fill   the  unex- 
pired    term,  the    person   appointed    to  till  stieh  vacancy  being   nominated 
and 'appointed,  or  appointed,  in  the  same   manner  as  his  predecessor  had 

n  at  the  commencement  of  such  term. 

[1391,  p.  M.    Approved  and  in  force  February  '26, 1891.] 

4674.  Officers— Treasurers'    bond   and   duties.      Said    trustees 
phall,  at  their  tirst  meeting  after  their  appointment,  and  every  two  years 
thereafter,   choose  a   president   of  -aid    board  :    and   they  shall,  at  such 
meeting,  and    every    two   years    thereafter,  and    whenever   a    vacancy 


224  SCHOOL    LAW    OF    INDIANA. 

occurs,  elect,  by  ballot,  a  secretary  ami  treasurer,  neither  of  whom  shall 
be  a  member  of  the  board  whose  compensation  shall  be  fixed  bv  the 
trustees.  The  said  treasurer  shall  give  such  bond  to  the  State  of  Indiana, 
in  any  sum  not  less  than  fifty  thousand  dollars,  for  the  faithful  execution 
of  his  trust,  with  sufficient  sureties  as  said  trustees  may  require ;  and  he 
shall  receive,  take  charge  of,  and,  under  the  direction  of  said  trustees,, 
manage  all  [the]  stocks  and  funds  belonging  to  said  university.  (4). 

(1877,  S.  p.  60.    Approved  and  in  force  March  12, 1877.] 

4675.  County  Students.      The   Board  of  Commissioners  of  each 
county  in  this  State  may  appoint,  in  such  manner  as  it  may  choose,  two 
students,  or  scholars,  to  Purdue  University,  who  shall  be  entitled  to 
enter,  remain,  and  receive  instruction  in  the  same,  upon  the  same  con- 
ditions, qualifications  and  regulations  prescribed  for  other  applicants  for 
admission  to,  or  scholars  in,  said  university :     Provided,  hoivever,  That 
every  student  admitted  to  said  university  by  appointment,  by  virtue  of 
this  act,   shall  in  nowise  be  chargeable  for  room,  light,  heat,  water, 
tuition,  janitor  or  matriculation  fees ;  and  said  student  shall  be  entitled, 
in  the  order  of  admittance,  to  any  room  in  the  university  then  vacant 
and  designed  for  the  habitation  or  occupancy  of  a  student ;  and  such 
student  so  admitted  shall  have  prior  right  to  any  such  room,  subject  to 
the  rules  of  the  university,  over  any  student  not  appointed  and  admitted 
as  aforesaid.     (1) 

4676.  Students.     No  more  than  two  students  at  the  same  time 
from  any  one  county  shall  be  entitled  to  admittance  to  said  university, 
under  the  provisions  of  this  act.     But  the  Board  of  Commissioners  of 
each  county  may,  from  time  to  time,  appoint,  as  aforesaid,  to  any  va- 
cancy in  its  appointments.     (2) 

[1881  S.,  p.  586.    Approved  and  in  force  April  14, 1881.] 

4677.  Investment  of  fund.     The  trustees  of  Purdue  University, 
by  their  treasurer,  are  hereby  authorized,  on  or  after  the  first  day  of  ' 
April,  1881,  to  surrender  to  the  Treasurer  of  State  the  bond  executed 
to  said  university  by  the  State  of  Indiana,  bearing  date  April  1,  1878, 
and  payable,  in  the  sum  of  two  hundred  thousand  dollars,  on  April  1, 
1881 ;  and  a  like  bond  executed  by  the  State  to  said  university,  dated 
April  1,  1879,  and  payable,  in  the  sum  of  one  hundred  and  twenty-five 
thousand  dollars,  on  April  1,  1884;  and  also  to  pay,  out  of  the  proceeds 
of  the  United  States  five  per  cent,  bonds  now  held  by  said  university 
(which  said  trustees  are  hereby  empowered  to  sell),  the  sum  of  fifteen 
thousand  dollars  to  said  Treasurer  of  State ;  who,  thereupon,  is  hereby 


LAW    (.I-     INDIANA. 

tcil  to  issue  and  deliver  to  -aid  treasurer  of  Purdue  University  a 
ion-negotiable  h«nd  of  the  State  of  Indiana,  to  lie  signed  by  the<»ov- 
•rnor  and  State  Trca.-urcr,  and  attested  l>y  the  Secretary  of  State  and 
.he  State  seal  'tlie  same  to  he  dated  April  1,  1**!,  and  payable,  twenty 

after  its  date,  to  the  trustees  of  Purdue  University  and  their 
.•essors.  \vitli  interest  at  the  rate  of  five  per  cent,  per  annum,  payable 
quarterly  after  date  of  the  hond),  all  for  the  use  of  Purdue  University 
— said  bonds  sum -ndered,  and  fifteen  thousand  dollars  paid,  constitut- 
inir  the  endowment  fund  of  said  university  derived  from  the  gift  of  the 
Tinted  States  (1) 


[1889,  i>.  351.     Approved  and  in  force  March  9,  188P.J 


I 


4t>77a.    Gift  to  establish  Institute  of  Technology.    Whenever 

any  individual  or  individuals  shall  give,  donate  or  bequeath  a  sum  of 
money  or  other  valuable  property  for  the  purpose  of  establishing  an  In- 
stitute of  Technology  or  other  special  <chools  in  connection  with  Purdue 
University  in  and  on  the  grounds  of  said  university,  the  trustees  of  said 
university  are  hereby  authorized  and  empowered  to  accept  such  dona- 
tion, gift  or  bequest  for  and  on  behalf  of  the  State  of  Indiana  for  such 
institute  on  such  terms  as  may  be  agreed  upon  by  and  between  such 
trustees  and  said  donor  or  donors  or  devisior  [devi-or]  ;  and  the  said 
trustee.-  are  hereby  authorized  to  establish,  maintain  and  operate  such 
an  institute  in  connection  with  Purdue  University:  /VonVfc/,  That  such 
Institute  of  Technology  shall  be  freely  open  to  students  upon  the  same 
term.-  upon  which  Purdue  University  is  open  to  students.  And,  pro- 
riihil.  That  nothing  in  this  act  shall  enable  or  authorize  said  tru.-tees  to 
make  any  contract  with  said  donor  or  donors  by  which  any  debts  shall 
be  created  beyond  or  above  current  legislative  appropriations  to  the 
university.  An*l,  provided  further.  That  the  terms  upon  which  such  do- 
nation- are  receiud  and  accepted  shall  not  be  effective  unlc.-s  the  same 
are  endorsed  and  approved  by  the  (Governor  of  the  State  of  Indiana. 


I  [1889,  P.  -2~:\.     Approved  M.-.n-h  ('.  !**.»,  and  in  foroa  M;.-. 

46771>.  Farmers"  Institutes.  It  is  hereby  made  the  duty  of  the 
Committee  of  Kxperimental  Agriculture  and  Horticulture  of  the  Hoard 
of  Trustees,  together  with  the  faculty  of  the  School  of  Agriculture  of 
Purdue  University,  to  appoint,  before  November  1-t  of  each  vear,  suit- 
able p»M-son>  to  hold  in  the  several  counties  of  thi.-  State,  between  the 
1st  day  of  November  and  the  1-t  day  of  April  of  each  year,  county 
institutes  for  the  purpose  of  giving  to  farmers  and  others  int. 
therein  instruction*  in  agriculture,  horticulture,  agricultural  chemi.-try 
and  economic  eiitom,,! 

1")       S<   IloMl.     I.AW. 

' 


226 


SCHOOL    LAW    OF    INDIANA. 


4677c.  Time  and  place  of  holding  Institutes.  Such  institutes 
shall  be  held  at  such  times  and  places  as  said  committee  and  faculty  may 
determine,  and  under  such  rules,  regulations  and  methods  of  instruction 
as  they  may  prescribe :  Provided,  however,  That  such  institutes  shall  be 
eo  conducted  as  to  give  those  attending  the  results  of  the  latest  investi- 
gations in  theoretical  and  practical  agriculture  and  horticulture.  (2) 

4677d.  Appropriation.  For  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  paying  the  salaries  of  instructors  and  other  necessary 
expenses,  the  sum  of  five  thousand  dollars  is  hereby  appropriated,  to  be 
expended  under  the  direction  of  the  said  committee  of  said  Board  of 
Trustees,  and  they  shall  annually  report  such  expenditures  and  the  pur- 
poses thereof  to  the  Governor.  (3) 

[1891,  p.  483.    Approved  and  in  force  March  7, 1891.] 

4ft 7  7e.  Acceptance  of  United  States  grant.  Whereas,  an  act 
of  Congress,  approved  August  30,  1891,  entitled  an  act  to  apply  a  por- 
tion of  the  proceeds  of  the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture  and  the 
mechanic  arts,  established  under  the  provisions  of  an  act  of  Congress, 
approved  July  2,  1862,  provides,  among  other  things,  that  the  grants 
of  moneys,  authorized  by  this  act,  are  made  subject  to  the  legislative  as- 
eent  of  the  several  States  and  Territories  to  the  purpose  of  said  grants : 
Provided,  That  the  payments  of  such  installments  of  the  appropriation 
herein  made,  as  shall  become  due  to  any  State  before  the  adjournment 
of  the  regular  session  of  the  Legislature  meeting  next  after  the  passage 
of  this  act,  shall  be  made  upon  the  assent  of  the  Governor  thereof,  duly 
certified  to  the  Secretary  of  the  Treasury ;  therefore, 

Be  it  resolved  by  the  State  of  Indiana,,  That  the  legislative  assent  be,  and 
the  same  is  hereby,  given  to  the  purpose  of  said  grant,  and  Purdue 
University  is  hereby  designated  as  the  agricultural  college  entitled  to 
the  said  grant. 


SCHOOL  BOOKS. 

[1889,  p.  74.    Became  a  law  by  lapse  of  time  without  the  Governor's  approval,  March  2, 

442  lb.  State  Board  of  Education  a  Board  of  School  Book  Com- 
missioners. The  State  Board  of  Education  shall  constitute  a  Board  of 
Commissioners  for  the  purpose  of  making  a  selection,  or  procuring  the 
compilation  for  use  in  the  common  schools  of  the  State  of  Indiana,  of  a 
series  of  text  books  in  the  following  branches  of  study,  namely :  Spelling, 


SCHOOL     LAW    OF     INIMA.NA. 


fr  naple 

•  • 


.  arithmetic,  geography.  KiiLflish  grammar,  physiology,  history  .»f 
t  le  United  States,  and   a  graded  series  «»f  writing  books.      The  matter 
ntained    in    the   readers  shall   consist    <>t'  lesson*  commencing   with  the 
lest  expression  of  the  language,  and  by  a  regular  gradation,  advancing 
d   including  the  highest   style  of  composition   both   in   poetrv  and 
rose:      /Vor/VW,  That  none  of  said  text-hooks  shall  contain  anything  of 
;   partisan  or  sectarian  character :     Ami.  ';'///•///./•,  That  the  fon>- 

:  )ii)Lr  hooks  shall  he  at  least  e<jual  in  <V/A'  ami  (jiiality  as  to  matter, 
laterial,  style  of  binding  and  mechanical  execution,  to  the  following 

i  »xt-book-  no\v  in  L'eneral  use,  namely:  The  speller  to  McCJulfev's 
pelling-book.  the  reader  to  Appleton's  Readers,  the  arithmetic  to  Kav's 
»ew  A.rithmetic  Series,  the  geographies  to  the  Eclectic  Series  of  Geog- 
aphies.  the  grammar  to  Harvey'-  (Jrammar,  the  physiology  to  Dalton's 
'hy^iology,  the  history  of  the  I'nited  States  to  Thalheimer's  History  of 
lie  I'nited  States,  and  the  writing-books  equal  to  the  Eclectic  Copy- 
>ooks.  (1) 

1.  CONSTITI-TIONAL.  This  act  i-  const  i  tii  t  i(»n;t  1.  1 1  is  iK.i  void  on  the  ground 
hat  Li  I  monopoly,  m.r  on  the  ground  tliat  it  confers  n  -pt-cial  privilege, 

^tate  v.  Hawcrth.  1±_>  In.l.  4«)L». 

-.     ('HOI    i:  of  P.OMK*.     The  Legislature  has  the  power  to  require  a  designated 

eries  of  lioi>k>  to  In-  n<nl  in  the  }ml)lic  st-liMul-,  ;ni<i  t«.  ;-r<iuir(.-  that  the  books 
rlrrU'<l  -hull  t»c  ol.taint-il  1>\  tlu-  -cljool  olIietTs  from  the  prr>on  to  whom  tlie  c-on- 
racM  for  siipplyinj;  tlu-ni  may  lu-  awunlcd.  It  may  not  only  pn-.-rilK'  n-nulations 
'or  u>in«;  tin-  lio->I<>  «lcsi^nati-d.  Inn  ii  m;iy  ;il>o  rk-rliirt-  h->\v  the  hooks  shall  he 
•  htained  and  distributed.  Suite  r.  Ilawnrth,  1'JL'  l:id. 

•  I-LATIVI:  N"T  .In.K  IAI..     Tlu-  adcptiMn  <•!'    ti-xt-lxioks  is    legislative 
ind  not  judicial.      <  t-rtiorari  \\.is  refused  <«n  this  ground.      ">4  Cal.  .'J7"». 

4421c.    Ad  vert  is<>  for  bids.   The  said  Board  of  Commissioners  shall, 

immediat'-'y  upon  the  taking  eii'ect   of  this  act.  advertise  for  twenty-one 

Ionsrcutive  days  in  two  daily  papers  published   in  this  State,  having  the 
Si  circulation,  and  in  one  newspaper  of  general   circulation  in  the 
ities  of  New  York,  Philadelphia,  Cincinnati,  Chicago  and  St.  Louis  that 
t    a    tini'-   and    place   to   be   fixed    by   said    notice,  and  not  later  than  -ix 
lonths  after  the  first   publication  thereof,  said   board  will  receive  sealed 
proposals  on  the  follo\vin_ 

]-'!r.<t.  From  publisher^  of  school  text-book-,  fur  furnishing  ho..!, 
the  school  trustees  of  the  Slate  of  Indiana  for  use  in  the  common  schools 
of  this  State,  as  provided  in  tlii-  act.  for  a  term  of  five  years,  stating 
speeinrally  in  such  bid  the  pricr  at  which  each  book  will  be  furnished, 
and  accompanying  such  bid  with  specimen  copies  ,,f  each  and  all  books 
proposed  io  be  furnished  in  such  bid. 

v   and.      From  authors  of  school  text-books,  who  have  manuscript-  of 
books  not  published,  for  prices  at  which  they  will  sell   their  manuscript, 


228 


SCHOOL    LAW    OF    INDIANA. 


together  with  the  copyright  of  such  books,  for  use  in  the  public  schools 
of  the  State  of  Indiana. 

Third.  From  persons  who  are  willing  to  undertake  the  compilation 
of  a  book  or  books,  or  a  series  of  books,  as  provided  for  in  section  one 
(1)  of  this  act,  the  price  at  which  they  are  willing  to  undertake  such 
compilation  of  any  or  all  of  such  books,  to  the  acceptance  and  satisfaction 
of  the  said  Board  of  Commissioners  :  Provided,  That  any  and  all  bids  by 
publishers,  herein  provided  for,  must  be  accompanied  by  a  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  with  resident  freehold  surety,  to  the 
acceptance  and  satisfaction  of  the  Governor  of  this  State,  conditioned 
that  if  any  contract  be  awarded  to  any  bidder  hereunder,  such  bidder 
will  enter  into  a  contract  to  perform  the  conditions  of  his  bid  to  the 
acceptance  and  satisfaction  of  said  board  :  And  provided  further,  That  no 
bid  shall  be  considered  unless  the  same  be  accompanied  by  the  affidavit 
of  the  bidder  that  he  is  in  nowise,  directly  or  indirectly,  connected  with 
any  other  publisher  or  firm  who  is  now  bidding  for  books  submitted  to 
such  board,  nor  has  any  pecuniary  interest  in  any  other  publisher  or  firm 
bidding  at  the  same  time,  and  that  he  is  not  a  party  to  any  compact, 
syndicate  or  other  scheme  whereby  the  benefits  of  competition  are  denied 
to  the  people  of  this  State  :  And  be  it  further  provided,  That  if  any  com- 
petent author  or  authors  shall  compile  any  one  or  more  books  of  the  first 
order  of  excellence,  and  shall  offer  the  same  as  a  free  gift  to  the  people 
of  this  State,  together  with  the  copyright  of  the  same  and  the  right  to 
manufacture  and  sell  such  works  in  the  State  of  Indiana  for  use,  in  the 
public  schools,  it  shall  be  the  duty  of  such  Board  of  Commissioners  to  pay 
no  money  for  any  manuscript  or  copyright  for  such  book  or  books  on  the 
subject  treated  of  in  the  manuscript  so  donated ;  and  such  board  shall 
have  the  right  to  reject  any  and  all  bids,  and  at  their  option  such  board 
shall  have  the  right  to  reject  any  bid  as  to  a  part  of  such  books,  and  to 
accept  the  same  as  to  the  residue  thereof.  (2) 

4 42 Id.  Open  bids.  It  shall  be  the  duty  of  such  board  to  meet  at 
the  time  and  place  mentioned  in  such  notice,  and  open  and  examine  all 
sealed  proposals  received  pursuant  to  the  notice  provided  for  in  section 
two  (2)  of  this  act,  and  it  shall  be  the  further  duty  of  such  board  to 
make  a  full,  complete  and  thorough  investigation  of  all  such  bids  or 
proposals,  and  to  ascertain  under  which  of  said  proposals  or  propositions 
the  school  books  could  be  furnished  to  the  people  of  this  State  for  use  in 
the  common  schools  at  the  lowest  price,  taking  into  consideration  the 
size  and  quality,  as  to  matter,  material,  style  of  binding,  and  mechan- 
ical execution  of  such  books :  Provided,  always,  That  such  board  shall 
not,  in  any  case,  contract  with  any  author,  publisher  or  publishers,  for 


SCHOOL    LAW    OF    INDIANA.  229 

he  furnishing  of  any  book,  manuscript,  copyright,  or  books,  which 
-hull  be  sold  to  patrons,  for  use  in  the  public  schools  of  this  State,  at  a 
>ri<v  above,  or  in  excess  of,  the  following,  which  prices  shall  include  all 
•nst  and  charges  for  the  transportation  and  delivery  to  the  several 
County  School  Superintendents  in  this  State,  namely:  for  a  spelling 
hook,  ten  (10)  cents;  for  a  first  reader,  ten  (10)  cent* ;  for  a  second 
reader,  fifteen  (15)  cents;  fora  third  reader,  twenty-five  (25)  cents; 
for  a  fourth  reader,  thirty  (30)  cents;  for  a  fifth  reader,  forty  (40) 
cent.-:  for  an  arithmetic,  intermediate,  thirty-five  (35)  cents;  for  an 
arithmetic,  complete,  forty-five  (45)  cents;  for  a  geography,  elementary, 
thirty  (30)  cents;  fora  geography,  complete,  seventy-five  (75)  cents; 
for  an  English  grammar,  elementary,  twenty-five  (25)  cents;  for  an 
English  gram-mar,  complete,  forty  (40)  cents;  for  a  physiology,  thirty- 
five  (35)  cents ;  for  a  history  of  the  United  States,  fifty  (50)  cents;  for 
copy  books,  each,  five  (5)  cents.  (3) 

4421e.  May  procure  manuscripts.  If,  upon  the  examination  of 
such  proposals,  it  shall  be  the  opinion  of  such  Board  of  Commissioners 
that  such  books  can  be  furnished  cheaper  to  the  patrons,  for  use  in  the 
common  schools  in  the  State,  by  procuring  and  causing  to  be  published 
the  manuscript  of  any  or  all  of  such  books,  it  shall  be  their  duty  to 
procure  such  manuscript,  and  to  advertise  for  sealed  proposals  for  pub- 
lishing the  same,  in  like  manner  as  hereinbefore  provided,  and  under 
the  same  conditions  and  restrictions.  And  such  contract  may  be  let  for 
the  publication  of  all  of  such  books,  or  for  any  one  or  more  of  such 
hooks  -eparately  ;  and  it  shall  be  the  further  duty  of  such  Board  of  Com- 
missioners  to  provide,  in  the  contract  for  the  publication  of  any  such 
manuscript,  for  the  payment,  by  the  publisher,  of  the  compensation 
agreed  between  such  board  and  the  author  or  owner  of  any  such  manu- 
script, for  such  manuscript,  together  with  the  cost  or  expense  of  copy- 
righting  the  same.  (4) 

4421  f.  State  not  liable.  It  shall  be  a  part  of  the  terms  and  con- 
ditions of  every  contract,  made  in  pursuance  of  this  act,  that  the  State 
of  Indiana  shall  not  be  liable  to  any  contractor  hereuuder  for  any  sum 
whatever;  but  that  all  such  contractors  shall  receive  their  pay  and  cora- 
pensation  solely  and  exclusively  from  the  proceeds  of  the  sale  of  the 
honks,  as  provided  for  in  this  act.  (5) 

442  Ig.  Governor's  proclamation.  As  soon  as  such  board  shall 
have  entered  into  any  contract  for  the  furnishing  of  books  for  use  in  the 
public  schools  of  this  State,  pursuant  to  the  provisions  of  this  act,  it 

k  shall  he  the  duty  of  the  Governor  to  issue  his  proclamation  announcing 
such  fact  to  the  people  of  this  State.      (6) 


-230 


SCHOOL    LAW    OF    INDIANA. 


4 4 '2  111.  Trustee's  duty.  When  such  proclamation  shall  have  been 
duly  issued,  it  shall  be  the  duty  of  the  School  Trustees  of  each  and 
every  school  corporation  in  this  State,  within  thirty  days  thereafter,  and 
at  such  other  times  as  books  may  be  needed  for  use  in  the  public  schools 
of  their  respective  corporations,  to  certify  to  the  County  Superintendent 
of  their  respective  counties  the  number  of  school  text-books  provided 
for  in  such  contract  required  by  the  children  for  use  in  the  schools  of 
their  several  school  corporations.  Such  County  Superintendent  shall 
forthwith  make  such  requisition  for  books  as  the  schools  in  the  said  sev- 
eral counties  may  require  upon  the  State  Superintendent  of  Public 
Instruction,  and  that  said  State  Superintendent  of  Public  Instruction 
shall  immediately  thereafter  make  a  requisition  for  said  books  upon  the 
contractor,  who  shall,  within  ninety  days,  ship  the  books  so  ordered  di- 
rectly to  the  County  School  Superintendents  of  the  several  counties  of 
this  State.  Upon  the  receipt  of  such  books,  it  shall  be  the  duty  of  such 
County  School  Superintendents  to  immediately  notify  all  the  School 
Trustees  of  the  school  corporations,  as  shown  by  the  last  school  enumer- 
ation of  their  counties,  of  the  receipt  of  such  books.  It  shall  then  be 
the  duty  of  such  School  Trustees  to  immediately  procure  and  take 
charge  and  custody  of  all  the  books  assigned  to  their  several  school  cor- 
porations, receipting  therefor,  to  the  said  County  School  Superintend- 
ent;  and,  upon  the  receipt  of  such  books  by  said  School  Trustees,  they 
shall  furnish  them,  on  demand,  to  the  school  patrons  or  school  children 
of  their  respective  corporations,  at  the  price  fixed  therefor  by  the  con- 
tract entered  into  between  said  Board  of  Commissioners  and  said  con- 
tractor ;  and  it  shall  be  the  duty  of  such  school  officers  to  sell  books  for 
cash  only ;  and  if  they  shall  sell  or  dispose  of  any  books  other  than  for 
the  cash  price  thereof,  they  shall  be  held  personally  liable,  and  liable  upon 
their  official  bond  for  the  price  of  such  book  or  books :  Provided,  That 
any  patron  or  pupil  of  any  school  or  schools  other  than  the  public  schools, 
and  also  any  child  between  the  ages  of  six  and  twenty-one  years  of  age, 
or  the  parent,  guardian  or  teacher  of  such  child,  shall  have  the  right  to 
purchase  and  receive  the  books,  and  at  the  prices  herein  named,  by  pay- 
ment of  the  cash  price  thereof  to  the  School  Superintendent  of  any 
county  in  this  State,  and  it  is  hereby  made  his  duty  to  make  requisition 
upon  the  contractor  for  any  and  all  books  so  ordered  and  paid  for  by 
any  such  person  or  persons  :  And  provided  further,  That  nothing  in  this 
act  shall  operate  to  prevent  the  State  Board  of  Education,  Boards  of 
School  Trustees,  or  Boards  of  School  Commissioners,  from  devising 
means  and  making  arrangements  for  the  sale,  exchange,  or  other  dispo- 
sition of  such  books  as  may  be  owned  by  the  pupils  of  schools  under 


SCHOOL     LAW 


INDIANA. 


231 


jir  charge,  at  the  time  of  the  adoption  of  books  under  the  provisions 
of  this  act.     (7) 

1.      MAM>AMI>.     The  trustee  may  be  compelled  by  mandamus  to  procure  and 
iish  the  book*.     State  i\  Hawortb,  122  Ind.  4t)± 

442  li.  Quarterly  reports.  At  the  expiration  of  three  months 
the  receipt  of  such  books  by  the  County  Superintendent,  and 
;ry  three  months  thereafter,  it  shall  be  the  duty  of  each  school  trus- 
;e  receiving  and  chargeable  with  books  under  the  provisions  of  this 
act,  to  make  a  full  and  complete  report  to  the  County  Superintendent 
of  the  number  of  books  sold,  and  the  amount  of  money  received  there- 
for, and  the  number  of  books  on  hand ;  and  at  the  time  of  making  such 
report  he  shall  pay  over  to  the  County  Superintendent  all  moneys  re- 
ceived by  him  or  with  which  he  is  chargeable,  from  the  sales  of  books  in 
his  hands  ;  which  report  shall  be  duly  verified  by  the  oath  of  the  party 
making  it.  (8) 

442  Ij.  Superintendent  to  enter  suit.  If,  at  the  expiration  of 
ten  days  from  the  time  required  by  this  act  for  the  making  of  such  re- 
port of  any  School  Superintendent  chargeable  with  books  .under  this  act, 
any  such  officer  shall  have  failed,  neglected  or  refused  to  make  such  re- 
port, or  turn  over  any  moneys  with  which  he  is  chargeable,  it  shall  be 
the  duty  of  the  County  School  Superintendent,  within  fifteen  days,  to 
enter  suit  upon  his  official  bond  for  an  accounting  and  recovery  of  any 
moneys  due  from  him  on  account  of  such  books  with  which  he  is  charge- 
able ;  and  all  judgments  recovered  upon  such  bonds  shall  include  a 
•  liable  attorney's  fee  for  the  attorney  prosecuting  such  suit;  and 
such  judgment  shall  be  without  relief  from  valuation  or  appraisement 
laws,  and  shall  he  without  stay  of  execution.  (9) 

4421k.     Superintendent's  special  bond.     It  shall  be  the  duty  of 

the  several  County  School  Superintendents  of  this  State,  within  thirty 
days  from  the  issuing  of  the  proclamation  by  the  Governor,  as  herein- 
before provided  for,  and  of  every  County  School  Superintendent  here- 
after elected.  In-fore  he  enters  upon  the  disHmrirr  <>f  his  official  duties, 
to  enter  into  a  special  bond,  with  at  least  two  freehold  sureties  of  such 
county,  payable  !••  the  State  of  Indiana,  conditioned  that  they  will  faith- 
fully and  honestly  perform  all  the  duties  required  of  them  by  this  act, 
and  account  for  and  pay  over  all  moneys  that  may  come  into  their  hands, 
pursuant  to  the  provisions  of  this  act,  in  a  penal  sum  which  shall  be 
equal  in  amount  to  one  hundred  dollars  for  every  one  thousand  inhab- 
itants of  their  respective  counties  as  shown  by  the  last  census  immedi- 
ately preceding  the  giving  of  such  bond,  to  be  approved  by  the  Board 


232 


SCHOOL    LAW    OF    INDIANA. 


of  Commissioners  of  their  respective  counties ;  and  upon  the  failure  of 
any  County  School  Superintendent  to  give  such  bond,  his  office  shall 
become  immediately  vacant,  and  the  Board  of  Commissioners  of  his 
county  shall  immediately  appoint  some  competent  and  suitable  person 
to  fill  such  vacancy  for  the  unexpired  term  of  his  office.  (10) 

1.  •  NOTE.  Mere  failure  to  file  the  bond  within  the  time  required  does  not 
vacate  the  office ;  and  if  the  Board  of  County  Commissioners  declare  the  office  va- 
cant for  that  reason,  the  superintendent  may  appeal  from  such  decision. — Board 
Com.  v.  Johnson.  124  Ind.  145.  The  Board  of  Commissioners  can  not  refuse  to 
approve  the  bond  on  the  ground  that  the  superintendent  was  corruptly  elected. — 
State  v.  Board  of  Com.,  124  Ind.  554. 

44211.  Reports  to  contractor.  It  shall  be  the  duty  of  each 
County  School  Superintendent  in  this  State,  within  ten  days  after  the 
quarterly  reports  of  the  school  trustees,  as  hereinbefore  provided  for, 
to  make  a  full,  true,  complete  and  detailed  report  to  the  contractor  of 
all  books  sold  by  the  several  school  trustees  of  his  couuty,  and  of  the 
number  of  books  in  the  hands  of  the  trustees  of  each  school  corporation, 
which  report  shall  be  accompanied  by  all  cash  received  by  him  from 
the  school  officers  from  sales  of  books  by  them  sold,  and  which  report 
shall  be  duly  verified  by  him,  and  a  duplicate  thereof  shall  be  filed  in 
the  office  of  the  auditor  of  his  county.  Upon  the  failure  of  any  County 
School  Superintendent  to  make  the  report  and  to  transmit  the  cash,  as 
required  by  this  section,  a  right  of  action  shall  immediately  accrue  to 
the  contractor  against  the  said  school  superintendent  and  the  sureties 
upon  the  bond  provided  for  in  this  act,  for  an  accounting  and  for  the 
recovery  of  any  moneys  received  and  not  transmitted  by  him,  and  for 
any  damages  which  may  have  resulted  from  his  neglect  or  failure  to 
comply  with  the  provisions  of  this  act,  and  any  judgment  upon  any  such 
bond  shall  include  a  reasonable  fee  for  the  attorney  prosecuting  such  suit, 
and  such  judgment  shall  be  without  relief  from  Valuation  and  appraise- 
ment laws,  and  shall  be  without  stay  of  execution.  (11) 

4421m.     Sale  for  more  than  contract  price  a  misdemeanor. 

Any  school  trustee  charged  with  the  sales  of  any  books  under  the  pro- 
visions of  this  act,  who  shall  directly  or  indirectly  demand  or  receive  any 
money  for  any  book  or  books  in  excess  of  the  contract  price,  as  herein- 
before provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  less  than  ten  nor  more  than 
one  hundred  dollars,  to  which  may  be  added  imprisonment  in  the  county 
jail  for  a  term  not  exceeding  sixty  days.  (12) 

442  In.  Embezzlement.  Any  county  school  superintendent  or 
trustee  of  any  township  or  school  corporations  in  this  State  who  shall 


SCHOOL    LAW    OF    INDIANA. 


233 


ilently  fail  or  refuse,  at  the  expiration  of  the  term  for  which  he 
was  elected  or  appointed,  or  at  any  time  during  such  term,  when  legally 
required  by  the  proper  person  or  authority,  to  account  for  and  deliver 
and  pay  over  to  such  person  or  persons  as  may  be  lawfully  entitled  to 
receive  the  same,  all  moneys  or  school  books  which  may  have  come  into 
his  hands  by  virtue  of  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  embezzlement,  and  upon  conviction  thereof  shall  be  imprisoned  in  the 
State  prison  for  any  period  not  more  than  five  years  nor  less  than  one 
year,  and  fined  in  any  sum  not  exceeding  one  thousand  dollars,  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any  deter- 
minate period.  (13) 

4 4 2 1  o.  Appropriation— Laws  repealed.  The  sum  of  one  thousand 
dollars  is  hereby  appropriated  out  of  any  funds  in  the  State  treasury  not 
otherwise  appropriated,  for  the  purpose  of  paying  the  cost  and  expenses 
incident  to  the  giving  of  the  notices  herein  provided  for,  and  carrying 
out  the  provisions  of  this  act.  All  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed.  (14) 

442 lp.  Emergency.  Whereas,  an  emergency  exists  for  the  imme- 
diate taking  effect  of  this  act,  therefore  it  shall  be  in  force  from  and  after 
its  passage.  (15) 


FIRST  SUPPLEMENTAL  ACT. 


[1891,  p.  99.    Approved  and  in  force  March  5, 1891.] 


442  lq.  Advertise  for  bids.  It  shall  be  the  duty  of  the  Board  of 
Commissioners  for  the  purpose  of  securing  for  use  in  the  common  schools 
of  the  State  of  Indiana  of  a  series  of  text-books,  as  constituted  by  the 
act  of  the  General  Assembly  in  this  section  mentioned,  to  immediately 
advertise  for  bids,  and  to  act  upon  such  bids  as  maybe  submitted  for  the 
furnishing  for  use  in  the  common  schools  of  the  State  of  Indiana  of  a 
sj>  'lliiiLr-l)ook,  a  primary  physiology,  a  more  advanced  work  on  physiology 
and  hyiriene,  an  elementary  grammar,  a  complete  grammar,  and  a  history 
of  the  United  States.  In  advertising  for  such  bids,  and  in  acting  upon 
any  bid  which  may  be  submitted,  such  Board  of  Commissioners  shall  be 
Lr<»\«  riu-d,  as  far  as  possible,  by  the  same  terms,  conditions  and  liniita- 
t  it  .us  concerning  them,  and  shall  require  bidders  and  contractors  to  comply 
witli  all  terms,  conditions  and  limitations  concerning  bidders  or  contractors, 
eo  far  as  applicable,  as  are  contained  in  an  act  of  the  General  Assembly 


234 


SCHOOL    LAW    OF    INDIANA. 


of  Indiana,  entitled,  "An  act  entitled  an  act  to  create  a  Board  of  Com- 
missioners for  the  purpose  of  securing  for  use  in  the  common  schools  of 
the  State  of  Indiana  of  a  series  of  text-books,  defining  the  duties  of  certain 
officers  therein  named  with  reference  thereto,  making  appropriations 
therefor,  defining  certain  felonies  and  misdemeanors,  providing  penalties 
for  the  violation  of  the  provisions  of  said  act,  repealing  all  laws  in  con- 
flict therewith,  and  declaring  an  emergency. "  Acts  of  the  General 
Assembly  of  the  State  of  Indiana,  1889,  p.  74:  Provided,  That  the 
standard  of  Physiologies  shall  be  Hutchinson'  s  laws  of  health  and  Hutch- 
inson' s  physiology  and  hygiene  :  And  provided  further,  That  no  bids  shall 
be  considered  in  which  the  price  of  a  primary  physiology  shall  exceed 
thirty  cents  for  the  volume,  or  in  which  a  physiology  and  hygiene  shall 
exceed  sixty  cents  for  the  volume,  or  in  which  a  history  of  the  United 
States  shall  exceed  sixty-five  cents  for  the  volume.  (1) 

442  lr.    Trustees  to  make  requisitions  first  Monday  of  June. 

That  it  shall  be  the  duty  of  the  Township  Trustees  and  School  Boards 
of  the  State,  severally,  on  the  first  Monday  of  June  in  each  year,  and 
at  such  intermediate  times  as  the  necessity  therefor  shall  exist,  after 
considering  the  number  and  kind  of  adopted  books  already  sold  in 
the  corporation,  the  number  and  kind  of  such  books  on  hand,  and  ascer- 
taining from  their  teachers  or  Principal  and  Superintendent,  as  the  case 
may  be,  the  enrollment  of  scholars  in  the  different  classes  or  grades  of 
the  schools  of  the  corporation,  to  order  such  quantities  of  the  books 
which  the  State  has  at  that  time  adopted,  as  may  seem  to  him,  or  to  it, 
to  be  necessary  for  use  in  the  schools  of  such  corporation  until  the  first 
day  of  June  then  next  succeeding ;  the  estimate  being  based  upon  the 
information  which  it  is  above  provided  shall  be  gathered,  and  on  the 
advice  of  the  Couuty  Superintendent :  Provided,  That  the  total  orders 
for  any  school  year  of  the  books  adopted  heretofore,  and  those  mentioned 
in  section  one  of  this  act,  shall  not  exceed  the  amount  of  one  dollar  for 
each  child  enumerated  for  school  purposes  in  the  corporation :  And  pro- 
vided further,  That  it  snail  be  the  duty  of  the  State  Superintendent  to 
properly  scale  down  any  order  for  books  which  may  pass  through  his 
hands,  in  case  that  it  shall  seem  clear  to  him  that  such  order  is  for  a 
quantity  of  books  in  excess  of  the  needs  of  the  corporation  during  the 
period  for  which  such  books  were  ordered.  (2) 

4421s.  Trustees  to  acknowledge  receipt  of  books.  Whenever 
an  order  for  the  books  which  the  State  has  adopted,  or  may  adopt,  shall 
have  been  filled  by  a  contractor  with  the  State,  and  the  books  delivered 
to  the  Township  Trustee  or  School  Board  making  such  order,  it  shall  be 
the  duty  of  such  trustee  or  boards  to  immediately  acknowledge  the 


SCHOOL    LAW    <)K     INDIANA.  -•>•"> 

)t  of  such  hooks  to  the  contractor,  and  also  to  make  a  report  thereof 
to  the  County  Superintendent,  and  it  shall  he  lawful  for  anv  such  trus- 
tee <»r  school  hoard  to  at  once  make  payment  tor  such  hooks  to  the  con- 
tractor, through  the  superintendent  of  the  county,  out  of  any  school 
funds  in  excess  of  the  needs  of  their  respective  townships  or  school  cor- 
porations for  current  expenses,  or  other  special  needs,  in  the  hands  or 
control  of  such  trustee  or  board,  aside  from  the  principal  or  intere.-t  of 
tin-  common  con- n  — ional  school  fund,  or  the  "school  revenue  for  tui- 
tion" :  Provided,  //<»/nrr,  That  no  debt  shall  ever  be  contracted,  or 
wan  ant,  or  other  evidence  of  indebtedness,  ever  be  issued  by  a  trustee 
or  hoard  on  account  of  a  purchase  of  books:  And  provided  further, 
That  whenever  any  hooks  are  paid  for  by  any  trustee  or  school  board, 
such  trustee  or  school  hoard  shall  be  liable  personally,  and  liable  upon 
their  official  bonds,  respectively,  for  the  preservation,  custody  and  safe 
keeping  <>t'  all  such  hooks  until  the  same  are  sold  and  accounted  for,  or 
otherwi.-e  disposed  of  according  to  law.  Whenever  a  book,  paid  for  as 
aforesaid,  is  sold  by  a  trustee  or  school  board,  it  shall  be  the  duty  of  such 
trustee  or  school  hoard  to  turn  the  entire  proceeds  of  such  sale  into  the 
fund,  out  of  which  payment  was  made  to  the  contractor,  to  reimburse 
the  fund  for  such  advancement.  In  case  a  trustee  of  school  board 
receiving  hooks  from  a  contractor  with  the  State  shall  not  pay  for  such 
hooks,  a>  provided  in  this  section,  he,  or  it,  shall  make  quarterly  reports 
under  oath  of  the  sale  of  such  hooks,  accompanied  by  all  cash  received 
therefor,  to  the  County  Superintendent,  for  transmission  to  the  con- 
tractor, as  now  provided  by  law,  until  such  hooks  shall  have  been  fully 
paid  for.  The  provisions  of  this  section  shall  apply  to  all  orders  hereto- 
fore filed  :  Pftriilnl,  That  if  said  trustee  or  board  shall  have  on  hands 
any  hooks  heretofore  ordered,  for  which  he,  or  it,  may  have  no  imme- 
diate u.-e,  the  same  shall,  upon  the  order  of  the  County  Superintendent, 
or  ti  Superintendent  of  Public  Instruction,  be  returned  to  the 

contractor,    ,.r   he  shipped  to  such   other   point,   as  the  contractor   may 
direct,  the  contractor  to  j>ay  all   freight  charges  on  such  shipment;   and 

Fthe  County  Superintendent  and   such  trustee  or  board  shall,  thereupon, 
have  credit  for  such  books  so  returned  or  shipped.     (3) 

442 It.     Hooks  for  poor  or  indigent  children.     It  >hall  he  the 

duty  of  each  Township  Trustee  and  each  School  Hoard  to  furnish  the 
-chooi  h'.oks.  so  far  as  they  have  heen  or  may  he  adopted  by 
the  State,  to  all  such  poor  or  indigent  children  as  may  de-ire  to  attend 
the  common  schools  of  his,  or  it.-,  c.irptiration,  as  in  hi>,  or  its.  opinion 
would  he  otherwise  unable  to  attend  such  schools  :  /VonW'W,  That  no 
Township  Trustee  in  this  State  shall  receive  an  amount  exceeding  five 


236  SCHOOL    LAW    OF    INDIANA. 

dollars  as  compensation  for  his  services  in  any  one  year  for  duties  per- 
formed in  carrying  out  the  provisions  of  this  act,  or  the  act  to  which  it  is 
supplemental.  (4) 

442  In.    Reports  to  Commissioners  and  County  Superintendent. 

When  books  are  fully  paid  for  out  of  the  funds  of  a  school  corporation, 
as  provided  in  section  three  of  this  act,  it  shall  not  be  necessary  for  the 
Township  Trustee  or  School  Board  of  such  corporation  to  make  quarterly 
reports  of  the  sale  of  the  adopted  books,  but  instead  thereof  a  report  shall 
in  all  cases  be  made  by  him,  or  it,  upon  oath  on  the  first  Monday  of 
August  in  each  year  to  the  County  Superintendent,  and  like  report  upon 
oath  shall  at  the  same  time  be  made  to  the  Board  of  Commissioners  of 
the  county,  which  reports  shall  severally  state  the  number  and  kind  of 
books  on  hand  at  last  report;  the  number  and  kind  sold;  the  number 
then  on  hand ;  the  disposition  of  the  money  received  on  such  sales ;  the 
amount  of  money  used  from  any  school  fund  in  payment  for  books 
received  ;  and  the  condition  of  such  funds.  Such  reports  shall  also  state 
the  number  and  kind  of  books  furnished  as  provided  in  section  four  of 
this  act ;  for  the  price  of  which  books  so  furnished  the  Township  Trustee 
or  School  Board  furnishing  the  same  shall  have  credit. 

442  1 V.  Appropriation.  The  sum  of  one  thousand  dollars  is  hereby 
appropriated  out  of  the  general  fund  in  the  State  treasury  to  enable  the 
Board  of  School  Commissioners,  mentioned  in  section  one  of  this  act,  to 
advertise  for  bids  as  in  said  section  provided.  (6) 

4421w.  Suit  on  Trustee's  bond.  Any  Township  Trustee  or 
member  of  a  School  Board,  receiving  or  being  in  possession  of  any 
moneys  which  at  the  end  of  the  next  quarter  should  be  turned  over  to 
the  County  Superintendent  to  pay  a  contractor  for  books  sold  which  have 
not  been  paid  for  out  of  the  funds  of  the  corporation,  who  shall  fail  to 
report  the  sale  of  such  books  at  the  end  of  such  next  quarter,  or  who 
shall  fail  to  pay  therewith  the  full  proceeds  thereof  to  the  County  Super- 
intendent, or  so  much  thereof  as  may  be  necessary  to  fully  pay  the  con- 
tractor, shall  be  liable,  after  demand  upon  him,  to  a  suit  on  his  official 
bond,  brought  on  the  relation  of  the  County  Superintendent,  whose  duty 
it  shall  be  to  bring  the  action  for  the  amount  due  from  him,  and  dam- 
ages, if  any,  and  any  judgment  which  shall  be  rendered  in  favor  of  the 
plaintiff  in  the  action  shall  contain  a  reasonable  attorney's  fee,  and  shall 
be  payable  without  relief  from  valuation  or  appraisement  laws  The 
same  liability  upon  his  bond  shall  accrue  against  a  Township  Trustee  or 
member  of  a  School  Board  who  shall  refuse  to  pay  over  as  in  this  act 
required  any  moneys  drawn  from  the  funds  of  his  corporation  on  account 


SCHOOL    LAW    OF    INDI  LNA. 


287 


of  books  purchased,  or  who  shall  fail  to  apply  all  moneys  for  book- 
that  have  been  purchased  by  the  corporation,  to  the  reimbursement  of 
the  proper  fund.  Any  judgment  rendered  against  a  Township  Tni.-nv, 
School  Board,  or  member  of  a  School  Board,  because  of  the  non-perform- 
ance of  any  duty,  shall  include  a  reasonable  fee  for  the  plaintiff's  attorney. 
(7) 

442  lx.  County  Superintendent's  'Special  Bond.  Ii  shall  be  the 
duty  of  each  County  School  Superintendent  of  this  State,  within  thirty 
days  from  the  taking  effect  of  this  act,  and  of  each  County  School  Super- 
int<  ndent  hereafter  elected,  before  he  enters  upon  the  discharge  of  his 
oflicial  duties,  to  execute  a  special  bond  with  at  least  two  freehold  sureties 
of  his  county,  payable  to  the  State  of  Indiana,  conditioned  that  he  will 
faithfully  and  honestly  perform  all  the  duties  required  of  him  by  law, 
and  account  for  and  pay  overall  moneys  which  may  CMMC  into  his  hands 
pursuam  to  law,  in  a  penal  sum  which  shall  be  equal  to  one  hundred 
dollars  for  every  thousand  inhabitants  of  his  county,  ns  shown  by  the 
last  c.-nsus  immediately  preceding  the  giving  of  such  l.ond,  which  bond 
shall  be  executed  to  the  approval  of  the  Board  of  Commissioners  of  his 
county,  and  upon  failure  of  any  County  School  Superintendent  to  give 
such  lioixl,  his  office  shall  become  immediately  vacant,  and  the  Board  of 
Commissioners  of  his  county  shall  immediately  appoint  some  competent 
and  suitable  person  to  fill  such  vacancy  for  the  unexpired  term  of  his 
oHi,-c  (8) 

442 ly.    Superintendent's  report  to  contractor.    It  shall  be  the 

duty  of  such  County  School  Superintendent  within  ten  days  after  the 
receipt  of  any  report,  or  money,  from  a  Township  Trustee  or  School 
Board,  as  hereinbefore  provided  for,  to  make  a  full,  true,  complete  and 
detailed  report  thereof  to  the  contractor,  which  report  shall  be  ao 
panieil  hy  all  cash  received  by  him  from  the  school  officers.  The  report 
above  provided  for  shall  be  duly  sworn  to  by  the  County  Superintendent, 
and  a  duplicate  thereof  shall  be  filed  by  him  in  the  office  of  the  auditor 
of  his  county.  Upon  the  failure  of  any  County  School  Superintendent 
to  make  report  to  the  contractor  and  to  transmit  the  cash  as  required  l.v 
law,  a  ris_rht  of  action  shall  immediately  accrue  to  the  contractor  again-t 
the  said  County  School  Superintendent,  and  the  sureties  upon  hi- 
provided  for  in  this  act,  for  an  accounting  and  for  the  recovery  of  any 
moneys  received  and  not  transmitted  by  him,  and  for  any  damages  which 
may  have  resulted  from  his  neglect  or  failure  to  comply  with  the  pro- 
vi>ioiis  of  this  act,  and  any  judgment  upon  any  such  bond  shall  include 
a  reasonable  fee  for  the  attorney  prosecuting  such  suit,  and  such  judg- 
ment shall  be  without  relief  from  valuation  or  appraisement  laws,  and 
shall  be  without  stay  of  execution.  (9) 


SCHOOL    LAW    OF    INDIANA. 

442  Iz.  Failure  to  report— Embezzlement.  Any  County  School 
Superintendent,  or  trustee  of  any  township,  or  member  of  any  school 
board  in  this  State,  who  shall  fraudulently  fail  or  refuse,  at  the  expira- 
tion of  the  term  for  which  he  was  elected,  or  appointed,  or  at  any  time 
during  such  term,  when  legally  required  by  the  proper  person  or  au- 
thority to  account  for  and  deliver  and  pay  over  to  such  person  or  persons 
as  may  be  lawfully  entitled  ta  receive  the  same,  all  moneys,  or  school 
books  which  may  come  into  his  hands  by  virtue  of  the  provisions  of  law, 
shall  be  deemed  guilty  of  embezzlement,  and  upon  conviction  thereof 
shall  be  imprisoned  in  the  State  prison  not  more  than  five  nor  less  than 
one  year,  and  fined  in  any  sum  not  exceeding  one  thousand  dollars,  and 
rendered  incapable  of  holding  any  office  of  trust  or  profit  for  any  deter- 
minate period.  (10) 

442  Ibb.  Books  to  be  uniformly  used.  The  books  which  have 
been,  or  may  hereafter  be,  adopted  by  the  State  of  Indiana  for  use  in  its 
.common  schools  by  virtue  of  this  act,  or  the  act  mentioned  in  section 
one  hereof,  shall  be  uniformly  used  iii  all  the  common  schools  of  the 
State,  in  teaching  the  branches  of  learning  treated  of  in  such  books,  and 
it  shall  be  the  duty  of  the  proper  school  officers  and  authorities  to  use  in 
such  schools  such  books  for  teaching  the  subjects  treated  in  them.  (11) 

4 42  ICC.  Duty  of  Contractor.  It  shall  be  the  duty  of  any  person 
or  persons,  firm  or  corporation,  who  shall  hereafter  furnish  and  supply 
books  under  the  provisions  of  this  act,  or  under  the  provisions  of  the  act 
of  1889,  title  whereof  is  set  out  in  the  first  section  of  this  act,  to  ship  to 
and  to  notify  the  consignee  of  such  shipment,  and  deliver  the  books  or- 
dered by  the  various  County  Superintendents,  at  such  railway  stations 
as  may  be  most  convenient  for  the  various  Township  Trustees  or  School 
Board  in  the  several  counties  to  receive  the  same  as  may  be  directed  by 
the  said  County  Superintendent.  And  in  preparing  such  books  for  such 
shipment,  it  shall  be  the  duty  of  every  such  contractor  to  wrap  each 
.several  kind  of  books  by  themselves  in  packages  of  not  to  exceed  five 
'tor  ten  books,  according  to  their  size,  each  such  package  to  be  securely 
wrapped  in  good  substantial  paper  of  sufficient  weight  to  protect  the 
books  enclosed  therein,  and  to  be  closed  at  each  end  thereof,  and  each 
package  to  have  plainly  and  clearly  marked  or  printed  on  the  outside 
thereof  the  kind  and  number  of  books  contained  therein,  and  as  many 
of  such  packages  shall  be  enclosed  in  large  packages  or  boxes  as  may  be 
safe  and  convenient  for  shipment.  And  upon  the  receipt  of  such  books 
it  shall  be  the  duty  of  each  Township  Trustee  or  School  Board  to  care- 
fully care  for  and  protect  such  books  until  sold,  and  to  preserve  the  same 
in  the  original  packages  in  which  they  are  wrapped  without  opening, 


SCHOOL    LAW    OF    INDIANA. 

u  itil  all  copies  of  the  same  books  heretofore  received  by  him  or  it  have 

1  ;en  sold,  and  thereafter  not  to  open  any  such  package  until  all  copies 

<•  mtained  in  packages  previously  opened  have  been  sold  :     Provided,  If, 

i.pon  the  opening  of  any  such  package,  any  Township  Trustee  or  School 

]  oard  shall  discover  that  any  of  the  books  therein  contained  have  been 

«  imaged,  or  are  defective  at  the  time  of  their  receipt  by  him,  or  it,  so 

:  5  to  be  unsalable,  he,  or  it,  shall  not  be  required  to  offer  the  same  for 

i-  lie,  but  in  such  an  event,  he,  or  it,  shall  immediately  notify  the  County 

aperintendent  of  such  damaged  or  defective  book  or  books,  who  shall 

nmediately  thereafter  give  notice  thereof  to  the  contractor  furnishing 

he  same,  and  thereafter  such  damaged  or  defective  book  or  books  shall 

•e  subject  to  the  order  of  the  contractor.     (12) 

442 1  dd.  Name  and  price  of  books  on  cover.  It  shall  be  the  duty 
»f  any  person  or  persons,  firm  or  corporation  who  may  hereafter  furnish 
ind  supply  books  under  the  provisions  of  this  statute,  or  of  the  act  of 
1889,  the  title  whereof  is  set  out  in  the  first  section  of  this  act,  to  print 
n  large  letters  upon  the  outside  of  the  first  cover  of  each  book  so  fur- 
lished  and  supplied  by  him  or  them,  the  name  of  the  adopted  book,  and 
upon  the  outside  of  the  back  cover  the  price  at  which  such  book  is  fur- 
nished to  be  sold  to  pupils,  under  such  contract,  and  it  shall  be  the  duty 
iof  all  County  Superintendents,  Township  Trustees,  and  other  school  offi- 
cers, and  school  teachers,  to  see  that  all  books  so  furnished  to  pupils, 
and  bought  by  pupils  for  use  in  the  schools  of  the  State  shall  bear  such 
imprint :  Provided,  This  section  shall  not  apply  to  copy  books.  (13) 

442 lee.  State  Superintendent's  duty.  It  shall  be  the  duty  of 
the  Superintendent  of  Public  Instruction  to  cause  to  be  printed,  at  the 
expense  of  the  printing  fund,  and  to  send  to  each  of  the  County  Su- 
perintendents, as  soon  as  possible  after  the  passage  thereof,  a  sufficient 
number  of  copies  of  this  act  to  provide  such  Superintendent  and  each 
Township  Trustee  and  each  member  of  the  School  Board  in  such  county 
with  one  copy  of  such  act.  Kach  County  Superintendent  shall,  at  once, 
upon  .the  receipt  of  the  copies  intended  for  his  county,  mail,  or  other- 
rise  deliver,  to  each  Township  Trustee  and  member  of  a  School  Board 

his  county  a  copy  of  this  act.     (14) 

442  Iff*.  Acts  supplemental.  Nothing  in  this  act  shall  be  con- 
•trued  to  in  anywise  affect  the  act  mentioned  in  section  one  of  this  act, 
the  two  acts  shall  be  regarded  as  each  supplementing  the  other, 
>xcc]>t  where  this  act  shall  provide  a  different  procedure  from  the  first 
it,  in  which  case  the  provisions  of  this  act  shall  govern.  Nothing  in 
iis  act  shall  be  construed  as  affecting  or  impairing  any  contract  right 


240 


SCHOOL    LAW    OF    INDIANA. 


secured  by  any  contractor  under  the  act  mentioned  in  section  one  of 
this  act,  but  all  such  contracts  are  hereby  declared  to  be,  and  are  hereby 
made,  binding  on  the  State  to  the  same  extent  as  they  would  have  been 
had  this  act  not  been  passed.  (15) 

442  Igg.  Emergency.  Whereas,  an  emergency  exists  for  the  im- 
mediate taking  effect  of  this  act,  therefore  it  shall  be  in  force  from  and 
after  its  passage,  (16) 


SECOND    SUPPLEMENTAL   ACT. 

[Approved  and  in  force  March  1,  1893.] 

442  Mill.  Contractors  to  file  consent.  Whenever  the  contractors, 
or  either  of  them,  to  the  extent  that  they  might  be  affected  in  their  con- 
tract rights  under  prior  laws,  to-wit :  An  act  entitled  '  'An  act  entitled 
an  act  to  create  a  Board  of  Commissioners  for  the  purpose  of  securing, 
for  use  in  the  common  schools  of  the  State  of  Indiana,  of  a  series  of  text 
books,  defining  the  duties  of  certain  officers  therein  named  with  refer- 
ence thereto,  making  appropriations  therefor,  defining  certain  felonies 
and  misdemeanors,  providing  penalties  for  the  violation  of  the  provisions 
of  said  act,  '  repealing  all  laws  in  conflict  therewith  and  declaring  an 
•emergency/  "  passed  by  the  General  Assembly  of  the  State  of  Indiana 
in  the  year  1889,  and  published  on  page  74  of  the  acts  of  1889 ;  and  an 
act  supplemental  thereto  and  upon  the  same  general  subject,  approved 
March  5,  1891,  shall  have  filed  with  the  State  Superintendent  of  Public 
Instruction  an  agreement  in  writing,  duly  executed  by  them,  or  either 
of  them  separately,  consenting  to  the  operation  of  this  act,  as  affecting 
the  sale  of  school  books  furnished  by  them,  under  contract  with  the 
State  pursuant  to  the  provisions  of  existing  laws,  it  shall  then  be  lawful 
for,  and  it  is  hereby  made  the  duty  of,  the  Township  Trustees  and 
School  Boards  of  this  State,  to  sell,  for  cash,  to  all  merchants  and  deal- 
ers who  may  apply  therefor,  and  in  such  quantities  as  they  may  require, 
;a  sufficient  number  of  adopted  school  books,  furnished  by  the  contractor 
or  contractors,  so  consenting,  to  supply  all  demands  of  school  patrons 
and  pupils  attending  the  common  schools  and  residing  in  their  immedi- 
ate neighborhoods,  respectively ;  which  books  shall,  in  no  event,  be  sold 
to  school  patrons  or  pupils,  by  such  merchants  or  dealers,  at  a  price  in 
excess  of  the  price  fixed  in  the  contract  for  such  books  between  the 
State  Board  of  School  Book  Commissioners  and  such  contractor.  In 
making  such  sales,  the  Township  Trustee  and  School  Boards  shall  be 
authorized,  and  it  is  hereby  made  their  duty  to  deduct  ten  per  cent. 


SCHOOL    LAW    OF    INDIANA. 


241 


from  the  contract  price  at  which  such  books  are  required  by  law  to  be 
sold  to  the  school  patrons  and  school  children  of  the  State,  to  compen- 
sate the  dealer  for  handling  and  selling  such  books;  one-half  of  which 
deduction  r-hall  be  borne  by  the  contractor  and  one-half  thereof  by  such 
school  corporation.  And  hereafter  no  adopted  books  shall  be  delivered 
or  sold  to  merchants  or  dealeis  by  any  County  School  Superintendent, 
Township  Trustee  or  School  Board,  except  upon  the  terms  and  condi- 
s  hereinbefore  specified.  (1; 

442 1  ii.    Sale    to    Merchants  or    Dealers  -  Trustee's  Report. 

hen  sale  shall  be  made  of  any  books  by  any  Township  Trustee  or 
School  Board  to  any  merchant  or  dealer,  pursuant  to  the  provisions  of 
section  one  of  this  act,  it  shall  be  the  duty  of  such  Trustee  or  School 
Board,  at  the  end  of  such  calendar  month,  to  make  a  report  thereof  to  the 
County  School  Superintendent  of  the  number  and  kind  of  books  sold, 
and  the  amount  of  money  received  therefor,  and  the  number  and  kind  of 
books  on  hand  ;  and  at  the  time  of  making  such  report,  to  pay  over  to 
the  County  School  Superintendent  all  money  received  by  him  or  them 
from  any  such  sale  or  sales ;  and  at  the  time  of  making  such  report  such 
Trustee  <>r  School  Board  slyill  also  pay  to  such  Superintendent,  for  trans- 
mission to  the  contractor,  the  one-half  of  the  amount  of  the  deduction 
in  the  price  of  the  books  so  sold,  which  last  amount  shall  be  paid  out  of 
and  charged  to  the  special  school  fund  of  such  school  corporation  ;  and 
for  such  amount  the  said  Trustee  or  School  Board  shall  take  the  receipt 
of  such  Superintendent.  And  in  their  reports  to  and  settlements  there- 
after made  with  the  Board  of  Commissioners  of  their  respective  counties, 
the  said  Trustees  and  School  Boards  shall  be  entitled  to  full  credit  for 
the  money  so  paid  out  of  said  fund  when  such  Superintendent's  receipt 
i-  tendered  and  tiled  with  Mich  reports:  /VonVrr/,  That  whenever  any 
Township  Trustee  or  School  Board  >hall  have  sold  all  books  ordered  by 
him  or  them,  or  in  his  or  their  hands  for  sale  to  merchants  or  dealers,  as 
herein  provided,  they  shall  not  be  required  to  make  quarterly  reports, 
as  now  provided  by  law.  (2) 

4421  j.j.  Oflieers  to  supply  siiflieient  books.  It  shall  be  the  duty 
of  County  School  Superintendents,  Township  Tru-tees  and  School  Boards 
to  see  that  at  all  times  there  are  sufficient  number  of  books  on  hand, 
either  in  the  hands  of  such  Superintendents,  Trustees  or  School  Boards 
respectively,  or  in  the  hands  of  the  dealers  in  the  different  neighborhoods 
of  their  respective  sch'">l  corporation-,  to  supply  the  patrons  and  pupils 
of  the  common  <chools  with  all  needed  books;  and  nothing  in  this  act 
shall  be  construed  s<>  as  t«»  relieve  them  from  any  of  the  duties  now  im- 
d  by  law  in  this  respect.  (3) 

16 — SCHOOL  LAW. 


242 


SCHOOL    LAW    OF    INDIANA. 


4421kk.  Duty  of  merchants  and  dealers.  It  shall  be  the  duty 
of  all  merchants  or  dealers  who  may  be  supplied  with  books  by  virtue 
of  the  provisioDS  of  this  act  to  furnish  the  Township  Trustee  or  School 
Board  of  whom  such  books  may  have  been  purchased  and  received  with 
a  detailed  statement  of  the  number  of  books  of  each  kind  on  hand  on 
the  fifteenth  day  of  May  of  each  year,  and  at  such  other  times  during 
the  year  as  the  same  may  be  called  for  by  such  Trustee  or  School  Board  ; 
and  any  merchant  or  dealer  who  shall  refuse  for  the  period  of  five  days 
after  request  to  do  so,  by  any  Trustee  or  School  Board  entitled  to  re- 
ceive the  same,  to  furnish  such  statement  as  above  provided,  shall  not 
be  entitled  thereafter  to  purchase  or  sell  any  school  books  under  the  pro- 
visions of  this  act.  And  upon  the  receipt  of  any  such  report  it  shall  be 
the  duty  of  such  Trustee  or  School  Board  to  forthwith  transmit  a  copy 
thereof  to  the  County  School  Superintendent,  who  shall,  within  ten  days 
after  the  receipt  of  any  such  report,  transmit  a  copy  thereof  to  the  con- 
tractor, for  which  reports  the  contractor  shall  furnish  the  necessary 
blanks.  (4) 

442  111.    County  Superintendent  to  make  report.    It  shall  be  the 

duty  of  each  County  School  Superintendent  in  this  State,  within  ten  days 
after  receiving  any  report  or  money  on  account  of  the  sale  of  any  books, 
from  any  Trustee  or  School  Board  of  his  county,  as  hereinbefore  pro- 
vided, to  make  a  full,  true  and  verified  report  to  the  contractor  of  the 
number  and  kind  of  books  so  sold  by  the  several  Township  Trustees  or 
School  Boards- of  his  county,  and  of  the  number  and  kind  of  books  on 
hands  with  the  said  school  officers,  and  himself,  which  report  shall  be 
accompanied  by  all  cash  received  by  him  from  such  Trustees  or  School 
Boards  on  account  of  such  sales ;  and  he  shall  file  a  duplicate  thereof  in 
the  office  of  the  Auditor  of  his  county.  The  necessary  blanks  for  which 
reports  shall  be  furnished  by  the  contractor.  (5) 

4421mm.  Officers  failing  to  report— Right  of  action.  Upon 
failure  of  any  Township  Trustee,  School  Board  or  County  School  Sup- 
erintendent to  perform  any  duty  or  to  make  report  of  any  cash  received 
by  him  or  them,  as  required  by  the  provisions  of  this  act,  a  right  of 
action  shall  immediately  accrue  to  the  contractor  against  the  said  officer 
so  in  default,  and  the  sureties  upon  his  official  bond,  for  an  accounting 
and  for  the  recovery  of  any  money  received  and  not  transmitted  by 
him  or  them,  and  for  any  damage  which  may  have  resulted  from  his  or 
their  neglect  or  failure  to  comply  with  the  provisions  of  this  act ;  and 
any  judgment  in  favor  of  the  contractor  in  any  such  action  shall  include 
a  reasonable  fee  for  the  attorney  prosecuting  the  suit,  and  such  judg- 
ment shall  be  collectible  without  relief  from  valuation  and  appraisement 
laws,  and  shall  be  without  stay  of  execution.  (6). 


I,.\\V    OK     INDIANA. 


243 


4421im.  Failure  to  report  at  expiration  of  term— Embezzle- 
ment. Any  County  School  Superintendent,  Township  Trustee  or 
member  of  any  School  Board  of  this  State  who  shall  fraudulently  fail  or 
refuse,  at  the  expiration  of  the  term  for  which  he  was  elected  or  ap- 
pointed, or  at  any  time  during  such  term,  when  legally  required  by  the 
proper  person  or  authority,  to  account  for  and  pay  over  to  such  person 
or  persons  as  may  be  lawfully  entitled  to  receive  the  same,  all  money  or 
school  books  not  previously  accounted  for,  which  may  have  come  into 
his  hands  by  virtue  of  the  provisions  of  this  act,  shall  be  deemed  guilty 
of  embezzlement,  and  upon  conviction  thereof,  shall  be  imprisoned  in 
tate  Prison  not  more  than  five  years  nor  less  than  one  year,  and 
lined  in  any  sum  not  exceeding  one  thousand  dollars  and  rendered 
im-apable  of  holding  any  office  of  trust  or  profit  for  any  determinate 
period.  (7) 

4421oo.    Sale  for  more  than  contract  price  a  misdemeanor. 

Any  merchant  or  dealer  who  shall  knowingly  or  willfully  charge,  re- 
ceive, collect  or  attempt  to  charge  or  collect,  for  any  school  book  or 
books  by  him  sold  to  any  school  patron  or  pupil,  any  sum  in  access  of 
the  price  at  which  such  book  or  books  are  required  to  be  sold  by  law, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  imprisoned  in  the  county  jail  not  more  than  six  months  nor  less 
than  thirty  days,  and  lined  in  any  sum  not  exceeding  five  hundred 
dollars.  (8) 

4421pp.    Contractors   to   file  consent  for  revision  of  books. 

Whenever  the  contractors  for  furnishing  books  for  use  in  the  common 
school-,  under  the  provisions  of  existing  laws  hereinbefore  specified, 
shall  have  filed  with  the  State  Superintendent  of  Public  Instruction 
their  consent,  in  writing,  to  the  revision  or  the  introduction  of  an  inter- 
mediate book,  as  hereinafter  provided,  duly  executed  by  them,  and  the 
Stair  Hoard  of  School  P>ook  Commissioners  shall  determine  that  a  re- 
vision i<  needed  of  any  or  all  of  the  books  in  use  in  the  common  schools 
under  contract  made  pursuant  to  law,  or  that  an  intermediate  grammar 
or  lan<rua«_re  lessons  is  needed,  then  it  shall  be  lawful  for  the  State 
Board  of  School  Hook  Commissioners  to  order  a  revision  to  be  made  of 
any  or  all  of  such  books  as  in  their  judgment  may  be  found  necessary 
for  the  welfare  of  the  common  schools  of  the  State,  in  the  manner  and 
under  the  conditions  following: 

The  said  Hoard  of  School  Hook  Commissioners  shall  select  a  compe- 
tent author  or  authors  to  perform  the  work  of  revision  of  the  subject 
matter  of  such  book  or  hooks  so  ordered  to  be  revised.  The  entire  0061 
of  such  revision,  including  the  manuscript,  illustrations,  engravings, 


244 


SCHOOL    LAW    OF    INDIANA. 


maps  and  plates  therefor  shall  be  paid  by  the  contractor  or  contractors 
who  may  at  the  time  of  such  revision  be  required  to  furnish  such  book 
or  books  under  their  contract  with  the  State.  The  cost  and  expense, 
however,  of  such  revision  shall  first  be  agreed  upon  by  the  State  Board 
of  School  Book  Commissioners  and  the  contractor  or  contractors  before 
such  work  of  revision  is  commenced :  Provided,  If  said  board  and  con- 
tractor or  contractors  shall,  for  a  period  of  sixty  days  after  an  estimate 
of  the  cost  of  any  proposed  revision  has  been  furnished  by  such  State 
Board  to  the  contractor,  be  u-nable  to  agree  upon  an  amount,  which  in 
the  opinion  of  such  State  Board  would  be  necessary  to  cover  the  cost 
of  any  such  revision,  then  the  said  State  Board  may  advertise  for  bids  from 
publishers  of  school  books  for  furnishing  any  such  book  or  books,  the 
cost  of  revision  of  which  could  not  be  agreed  upon ;  and  in  such  adver- 
tisement, selecting  and  contracting  for  such  book  or  books,  the  said 
board  shall  be  governed  by  the  provisions  of  laws  now  in  force  respect- 
ing such  matters.  (9) 

» 

4421qq.  Author  to  revise — County  and  State  Superintendent 
to  scale  requisition.  Whenever  the  revision  of  any  book,  or  series  of 
books  shall  be  determined  upon  by  the  State  Board  of  School  Book 
Commissioners,  and  they  shall  have  contracted  with  an  author  or  authors 
to  furnish  the  manuscript  for  such  revision,  sufficient  time  shall  be  given 
to  the  author  in  which  to  perform  the  work  of  revising  the  subject 
matter  of  such  book  to  the  acceptance  and  satisfaction  of  such  board, 
and  when  the  revision  of  the  subject  matter  of  any  such  book  is  com- 
pleted by  the  author  and  the  manuscript  thereof  furnished  to  the  con- 
tractor, at  least  six  months'  time  shall  be  given  the  contractor  in  which 
to  make  the  necessary  illustrations,  engravings,  maps,  and  plates,  man- 
ufacture and  ship  the  books  to  the  various  school  corporations  of  the 
State  before  any  such  contractor  shall  be  required  to  furnish  any  such 
book,  or  series  of  books,  so  revised  for  use  in  the  schools  of  the  State 
under  his  contract.  And  no  new  book,  or  revised  book,  or  series  of 
books,  shall  be  introduced  for  use  in  the  schools  of  the  State,  at  any 
time,  by  virtue  of  the  provisions  of  this  act,  until  the  State  Board  of 
School  Book  Commissioners  shall  have  given  notice  to  the  County  Su- 
perintendents, Township  Trustees  and  School  Boards  of  the  State,  by 
printed  notice  mailed  to  each  of  said  school  officers,  last  above  named, 
at  least  twelve  months  in  advance  of  the  time  when  such  book,  or  series 
of  books,  are  to  be  used  in  the  public  schools,  and  like  notice  shall  be 
given  by  said  County  Superintendents,  Trustees  and  School  Boards  to 
all  merchants  and  dealers  in  their  respective  school  corporations,  who 
mav  be  selling  the  adopted  books.  And  it  shall  be  the  duty  of  the  State 


SCHOOL    LAW   OF    INDIANA.  245 

rintendent  of  Public  Instruction  and  the  County  Superintendents 
ch  county  to  scale  down  to  the  minimum  number  all  requisitions  for 
school  books,  which  may  be  made  after  such  notice  is  given,  thereby 
>nal>linir  all  Township  Trustees,  School  Boards,  and  dealers,  to  dispose 
of  the  stocks  of  books  in  their  hands ;  but  no  dealer  shall  buy  or  carry 
on  hand,  at  any  time,  more  books  than  are  actually  needed  to  supply 
the  demands  therefor,  for  the  purpose,  or  with  the  intent,  of  prevent. 
iiiLr  the  introduction  of  any  new  or  revised  book,  according  to  the  spirit 
of  this  act.  And  for  the  purpose  of  enabling  the  State  Superintendent 
of  Public  Instruction  to  determine  when  any  requisitions  should  be 
scaled  down  in  anticipation  of  the  expiration  of  any  existing  contract, 
it  shall  be  the  duty  of  the  contractor  to  furnish  to  said  State  Superin- 
tendent a  copy  of  the  quarterly  verified  reports  made  by  County  Super- 
intendents to  the  contractor,  giving  the  number  and  kind  of  books  on 
hand  with  the  various  dealers  and  Township  Trustees  and  School  Boards 
of  their  respective  counties ;  and  at  the  expiration  of  such  notice  such 
book  or  books  shall  only  be  required  to  be  introduced  in  the  schools  as 
new  classes  in  the  study  of  such  branches  are  being  formed,  and  all 
classes  in  such  study,  or  studies,  who,  at  the  time  of  the  expiration  of 
the  term  of  such  notice,  shall  have  purchased  books  for  use  in  such 
classes,  shall  be  allowed  time  to  complete  such  books  before  being  com- 
pelled to  buy  new  or  revised  books.  And  at  the  expiration  of  any  con- 
tract now  in  existence,  or  which  may  hereafter  be  made  by  the  State 
Board  of  School  Book  Commissioners,  for  furnishing  books  for  use  in  the 
common  schools  of  the  State  of  Indiana,  the  books  then  in  use  in  the 
common  schools  of  this  State  under  such  contract  or  contracts  shall  be 
continued  in  use  therein  at  the  same  price  and  upon  the  same  terms  and 
conditions  until  such  time  or  times  as  the  State  Board  of  School  Book 
Commissioners  shall  determine  that  a  revision  thereof  is  necessary  for  the 
best  interests  of  the  schools,  when  such  revision  shall  be  made,  or  a  new 
hook  contracted  for  and  introduced  for  use  in  the  schools  as  hereinbe- 
fore specified  :  Provided,  That,  at  the  expiration  of  any  such  contract, 
the  State  Board  of  School  Book  Commissioners  shall  require  such  con- 
tractor or  contractors  furnishing  such  books  to  execute  a  new  bond,  con- 
ditioned that  they  will  continue  to  execute  such  contract  in  all  regards 
as  they  had  theretofore  executed  the  original  contract :  Provided,  further, 
That  nothiiiLT  herein  contained  shall  be  construed  as  restraining  or  pre- 
venting said  State  Board  of  School  Book  Commissioners,  after  any  such 
school  book,  or  any  such  revised  book,  shall  have  been  in  use  in  the 
schools  of  the  State  for  a  period  of  five  years,  from  proposing  to  the 
contractor  furnishing  the  same,  such  reduction  in  the  price  at  which 
such  book  or  revised  book  shall  be  continued  in  use  in  the  schools  for 


SCHOOL    LAW    OF    INDIANA. 

the  next  ensuing  five  years,  as,  in  the  judgment  of  said  board,  may 
seem  reasonable.  If  such  contractor  shall  accede  to  such  proposed  reduc- 
tion, then  the  price  of  such  book  or  revised  book  shall,  for  such  ensuing 
period  of  five  years,  be  fixed  at  the  original  contract  price  thereof,  less 
the  amount  of  the  reduction  so  agreed  upon,  and  such  price  shall  be 
printed  on  the  back  of  said  book,  as  now  required  by  law.  In  event 
said  contractor  shall  not  be  willing  to  accede  to  such  terms,  the  said 
board  may  appoint  a  disinterested  person,  conversant  with  such  matters, 
and  require  the  said  contractor  to  select  another  such  person,  and  the 
nvo  so  chosen  shall  select  a  third,  and,  thereupon,  the  three  so  chosen 
shall  inquire  into  and  consider  what,  if  any,  reduction  ought  to  be  made 
in  the  price  at  which  such  book  or  revised  book  should  be  furnished  for 
use  in  the  schools  of  the  State  for  the  next  ensuing  period  of  five  years, 
and  if  they  shall  determine  that  any  such  reduction  ought  to  be  made, 
they  shall  fix  the  amount  of  such  reduction,  and  shall  certify  to  the  said 
board  and  to  such  contractor  their  determination  in  that  behalf,  and 
thereupon,  if  said  contractor  shall  accede  to  the  price  thus  arrived  at, 
the  price  of  said  book  for  the  next  ensuing  five  years  shall  be  fixed  at 
that  sum,  and  the  same  shall  be  printed  on  the  back  of  such  books,  as 
now  provided  by  law,  and  said  contractor  shall  be  required  to  furnish  the 
same  at  such  price ;  but  otherwise,  in  all  regards  under  the  provisions  of 
this  act  and  acts  to  which  it  is  supplemental.  But  if  such  contractor  shall 
decline  to  accede  to  such  price  thus  arrived  at,  then  such  board  shall  have 
the  right,  in  their  discretion,  to  proceed  to  advertise  for  bids  to  furnish 
a  book  in  the  place  thereof;  and,  in  so  doing,  and  in  all  subsequent 
steps  therein,  they  shall  proceed  in  accordance  with  the  provisions  of 
this  act  and  of  the  acts  to  which  it  is  supplemental :  And,  provided 
further,  That  nothing  in  this  act  contained  shall  be  construed  to  prevent 
the  State  Board  of  School  Book  Commissioners  from  exercising  their 
discretion  in  deciding  whether  they  shall  order  any  of  the  books  already 
in  use  under  contract  to  be  revised,  or  whether,  instead,  they  shall 
advertise  for  books  to  be  adopted  instead  of  said  books  already  in  use. 
(10) 

4421rr.    Intermediate  grammar  or  language  lessons.    If,  in 

the  opinion  of  the  State  Board  of  School  Book  Commissioners,  an  in- 
termediate grammar  or  language  lessons  is  needed  for  the  better  teach- 
ing of  such  branch  of  study,  instead  of  a  revision  of  the  series  of  gram- 
mars now  in  use,  it  shall  then  be  lawful  for  such  board  to  provide  for 
such  intermediate  book,  and  for  that  purpose  shall  proceed,  as  now  pro- 
vided by  law,  to  advertise  for  proposals  to  furnish  such  book,  requiring 
bond  in  such  sum  as  they  deem  sufficient  to  insure  the  compliance  with 


SCHOOL    LAW    OF    IM'IANA.  247 


F  ich  proposals,  consider  such  proposals  and  contract  for'such  book  :  Pro- 
'i  dedy  however,  That  such  intermediate  grammar  shall  be  equal  in  quality 
:  i  to  material,  style  of  binding  and  mechanical  execution  to  Long'* 
lessons  in  English,  and  in  subject  matter  shall  embrace  not  less  than 
10  pages,  and  shall  be  adapted  to  follow  in  sequence  to  that  of  the 
jtmguage  Lessons  book  of  said  series  now  in  use,  and  to  be  properly 
ntnxluctory  to  the  matter  contained  in  the  complete  book  of  the  series 
s  now  adopted  ;  and  if  revision  of  the  grammar  now  in  use  should  be 
letermined  upon  by  the  State  Board  of  School  Book  Commissioners, 
hen  such  modification  shall  be  made  of  each  or  either  of  the  books  now 
••instituting  -^aid  course  in  grammar  as  shall- adapt  them  more  perfectly 
o  use  in  the  same  series,  and  as  shall  cover  more  perfectly  the  entire 
uibject  matter  necessary  to  a  complete  education  in  this  branch  of  learn- 
And  said  intermediate  grammars  shall  not  be  sold  to  patrons  or 
pupils  of  the  public  schools  of  this  State  at  a  price  above  or  in  excess  of 
twenty  cents  each.  (11) 


442  Iss.  State  Board  to  meet — Notice.  For  the  purpose  of  de- 
termining what  book  or  books,  if  any,  may  need  revision,  or  whether  an 
intermediate  grammar  is  needed,  the  State  Board  of  School  Book  Corn- 
mis> ioners  shall  meet  on  the  first  Monday  of  April,  1893,  and  shall  then, 
and  there  make  such  inquiry  and  examination  of  the  books  then  in  use 
under  contract  with  the  State  as  shall  enable  them  to  determine  upon 
the  propriety  of  ordering  any  such  revision  or  intermediate  book  or 
LaiiLriiHLM  Le.-sons.  And  such  board  shall,  within  sixty  days  thereafter, 
determine  and  give  notice  to  the  contractors  of  any  and  all  revisions 
that  shall  be  required  to  be  made  before  the  time  of  the  expiration  of 

e  existing  contract  for  any  such  hook  or  books.     (12) 


" 

442  lit.  Frequency  of  revision— Geographies.  In  no  case  shall 
a  revision  of  any  book  or  hooks  be  required  by  the  State  Board  of  School 
Book  Commissioners  oftener  than  every  five  years,  except  in  geographies 
and  histories,  which  said  mentioned  books  may  be  ordered  to  be  revised 

Pas  often  as  in  the  opinion  of  the  said  board  shall  be  necessary  to  keep 
snid  books  accurate  and  modern  in  all  matters  pertaining  to  those 
branches  of  study.  (13) 


II 


4421iui.     Standard  of  revision— Contractor's  bond.     Whenever 

ny  book  or  series  of  books  shall  be  revisied  by  order  of  the  State  Board 
of  School  Commissioners  such  book  or  books,  when  completed  and  ready 
for  use  in  the  schools,  shall  be  equal  in  every  respect  to  the  standard 
now  fixed  by  law,  as  to  subject  matter,  material,  style  of  binding  and 


248 


SCHOOL    LAW    OF    INDIANA. 


mechanical  execution.  And  said  State  Board,  when  contracting  for  any 
such  revision,  shall  require  the  contractor  or  contractors  to  enter  into  a 
written  agreement  for  the  furnishing  of  such  books,  and  to  execute  bond 
with  resident  freehold  sureties  to  the  acceptance  of  the  Governor  of  this 
State  for  the  faithful  compliance  with  their  contract,  such  bond  to  be  in 
such  amount  as  said  board  shall  deem  sufficient  for  the  purposes  contem- 
plated. (14) 

442  Iw.  Appropriation.  The  sum  of  one  thousand  dollars  is 
hereby  appropriated  out  of  any  funds  in  the  State  Treasury  not  other- 
wise appropriated  for  the  purpose  of  paying  costs  and  expenses  incident 
to  the  giving  of  notices  herein  provided  for  by  said  State  Board  of 
School  Book  Commissioners,  and  to  pay  the  expenses  of  the  State  Su- 
perintendent of  Public  Instruction  incurred  in  the  distribution  of  this 
act,  and  of  the  acts  to  which  this  is  supplemental,  as  herein  required, 
and  to  carry  out  the  provisions  of  this  act.  (15) 

442  Iww.  New  bond.  If  at  anytime  the  State  Board  of  School 
Book  Commissioners  shall  find  that  the  bond  of  any  contractor,  contract- 
ing to  furnish  books  for  use  in  the  common  schools  of  the  State  of  In- 
diana, under  this  act,  or  the  acts  to  which  it  is  supplemental,  has  become 
insufficient  to  secure  the  faithful  performance  of  such  contract,  or  from 
any  other  reason  become  inoperative,  they  shall  have  the  right  to  require 
such  contractor  to  execute  a  new  and  sufficient  bond  to  secure  the  faith- 
ful execution  of  such  contract  And  upon  failure  of  any  such  contractor 
to  furnish  such  new  bond  within  thirty  days  after  being  so  required  by 
said  board,  the  said  board  shall  give  notice  thereof  to  the  Attorney- 
General  of  the  State  of  Indiana,  who  shall  immediately  upon  receipt  of 
such  notice  bring  suit  to  procure  the  cancellation  of  such  contract  of  such 
contractor  so  refusing.  And  service  of  summons  in  such  cause  upon  the 
agent  of  such  contractor  in  the  State  of  Indiana  shall  be  deemed  and 
held  to  be  sufficient  service  upon  the  contractor ;  and  in  such  case  the 
Attorney-General  shall  receive  a  reasonable  fee  for  the  prosecuting  of 
such  action.  (16) 

442  Ixx.  State  Superintendent's  duty.  It  shall  be  the  duty  of 
the  State  Superintendent  of  Public  Instruction,  immediately  upon  the 
passage  of  this  act,  to  cause  to  be  printed  a  sufficient  number  of  copies 
thereof,  as  well  also  of  the  acts  referred  to  in  the  first  section  hereof,  to 
furnish  each  County  Superintendent,  School  Trustee  and  member  of 
School  Boards  in  the  State  of  Indiana,  with  one  copy  thereof,  and 
promptly  to  distribute  the  same  to  such  school  officers  through  the  County 
Superintendents.  (17) 


SCHOOL    LAW    OF    INDIANA. 


249 


442  Izz.  Acts  supplemental.  This  act  shall  be  construed  as  sup- 
plementary to  the  acts  referred  to  in  the  first  section  hereof,  and  said 
former  acts  are  contined  in  full  force  and  effect,  except  so  far  as  modified 
by  the  provisions  of  this  act.  (18) 

.4421bbb.  Emergency.  Whereas,  an  emergency  exists  for  the  im- 
mediate taking  effect  of  this  act,  therefore  it  shall  be  in  force  and  effect 
from  and  after  its  passage.  (19) 


SYNOPSIS 


OF  THE 


Duties  of  School  Officers,  Dealers  and  Contractors 


UNDER     THE 


SCHOOL  BOOK  LAW. 


TRUSTEES. 

To  order  books  for  use  in  schools s.  4421h,  4421r 

To  base  orders  on  reports  of  teachers  and  advice  of 

County  Superintendent s.  4421r 

Maximum  total  orders  for  any  one  year  .......  s.  442 Ir 

To  take  charge  and  custody  of  books s.  442 Ih 

To  receipt  County  Superintendent  and  contractor  for 

books s.  4421h,  4421s 

To  preserve  books  in  original  packages s.  442 Ice 

To  sell  books  to  patrons  and  pupils s.  4421h,  4421s 

May  arrange  for  disposition  of  old  books s.  4421h 

Misdemeanor  to  sell  books  for  more  than  contract  price.  s.  4421m 

Penalty  for  selling  books  in  excess  of  contract  price  .  .  s.  4421m 

To  make  quarterly  reports  and  settlements   ...  s.  4421i,  4421s 

To  be  sworn  to  book  reports s.  4421i,  4421s 

Liable  on  bond  for  failure  to  report  and  settle  ....  s.  4421J,  4421  w 
Embezzlement  to  fail  or  refuse  to  turn  over  any  money 

or  books s.  4421n,  4421z,  4421nn 

Penalty  for  failure  to  turn  over  money  or  books  .    .    . 

s.  4421n,  4421z,  4421nn 

May  pay  for  books  out  of  township  funds s.  4421s 

Shall  not  contract  debt  to  pay  for  books s.  4421s 

Liable  for  safe  keeping  of  books s.  4421s,  4421cc 

To  return  surplus  books  to  contractor s.  4421s 

(250) 


LAW    oK    INDIANA. 


i>:»  I 


'osell 
'opai 
halli 


turn  damaged  or  defective  hooks 

r!  o  furnish  books  to  the  poor  free 

To  report  hooks  furnished  the  poor 

11  hooks  to  dealers  at  10  per  cent,  discount  .    .    . 
y  ">  per  cent,  out  of  special  school  fund  .... 
v  hall  not  deliver  hooks  to  dealers  except  for  cash     .    . 
'o  make  monthly  reports  and  settlements.     .         .    .    , 

j)t  from  making  quarterly  report 

ake  annual  reports         

?o  see  that  only  adopted  books  are  used 

?o  see  that  the  name  and  price  of  the  adopted  books 

are  printed  on  outside  covers  of  all  books  used     .    . 

To  see  that  a  supply  of  books  is  kept  on  hand  .... 

To  notify  dealers  of  introduction  of  new  or  revised 

books    

r'enalty  for  failure  to  perform  any  duty 

COUNTY    SUI'KKINTKNDENTS. 


s.  442 lev 
8,  442 It 
s.  442  hi 

s.  4421hh 
s.  442  Hi 

s.  4421  hh 

s.  442  Hi 

s.  4421u,  442  lii 

s.  4421u,  4421kk 

s.  4421bb 

s.  4421dd 
s.  442  Ijj 

s.  4421qq 
s.  4421mm 


To  give  special  bond  ...............  s.  4421k,  4421x 

Penalty  tor  failure  to  give  bond  ..........  s.  4421k,  4421  x 

To  make  requisitions  lor  books    ..........  s.  4421h 

l'<>  not  it  y  Trustees  of  receipt  of  books   .......  s.  4421h 

To  sell  hooks  to  other  than  public  schools  ......  s.  4421h 

To  enter  suit  against  Trustees  ...........  s.  4421J,    4421w 

To  make  quarterly  reports  and  settlements    .....  K  44211,  4421y 

T«>  l»e  sworn  to  quarterly  reports  ..........  s.  44211,  442  IN- 

TO file  copy  of  quarterly  reports  with  Auditor.     ...  H.  44211,  442  ly 

Penalty  lor  failure  to  report  and  settle  .......  s.  44211,  4421y 

Embezzlement  to  fail  or  refuse  to  turn  over  money  or 

hook,    .................  s.  4421u,  4421z,  4421nn 

Penalty  for  failure  to  turnover  money  or  hooks  .  s.  4421n,  4421z,  4421nn 


To  >ee  that  only  adopted  hooks  MP-  u<ed 

I  To  keep  books  and  see  that  a  sufficient   supply  is  on 
hand .    .    .    . 

To  see  that  the  name  and   price  of  the  adopted   hooks 
are  printed  on  tin-  OOVerB  of  all  honk-  u-ed    .     .     .     . 

To  make  monthly  reports  and  settlements 

To  file  copy  of  monthly  report  with  Auditor     .    .    .    . 

To  -rale  down  requisitions 

To  notify  dealers  of  introduction  of  new    or    ivvi-ed 

books   

Penalty  for  failure  to  perform  any  duty 


6.  4421bb 
8.  4421jj 

s.  442  Idd 
s.  442111 
s.  442111 

s.  4421qq 

s.  4421qq 
e.  4421mm 


252 


SCHOOL   LAW    OF    INDIANA. 


DEALERS. 

Allowed  10  per  cent,  discount s.  4421hh 

Must  pay  cash  for  books s.  4421hh 

Make  annual  statement  of  books  on  hand .s.  4421kk 

Penalty  for  failure  to  report  books  on  hand s.  4421kk 

Forbidden  to  sell  in  excess  of  contract  prices  ....  s.  4421oo 

Penalty  for  overcharging  for  books s.  4421oo 

Shall  not  handle  or  sell  books  on  consignment  ....  s.  4421hh 

CONTRACTORS. 

To  ship  books  to  County  Superintendents s.  4421h,  4421cc 

To  print  name  and  price  on  outside  covers s.  4421dd 

To  wrap  books  in  packages s.  4421h 

To  label  packages s.  4421h 

To  have  right  of  action s.  4421mm 

To  give  consent  to  act  of  1893 s.  4421hh 

To  pay  cost  of  revision s.  4421pp 

To  give  bond s.  4421qq,  4421uu,  4421ww 

To  furnish  blanks s.  4421kk,  442111 

STATE   SUPERINTENDENT. 

To  make  requisitions r.    ,    .  s.  4421h 

To  scale  requisitions s.  4421r,  4421qq 

To  print  and  distribute  laws s.  4421ee,  4421xx 


INDEIX. 


43-27 
4385 

4327 

4450 


4327 


unt>.    Auditor    keeps    with 
Congressional  Town-hip  . 
Auditor,  keepsof  land  in  an- 
other county     .    . 

.^ressioiial  Town.-hip  of, 
how  kept 

Correction  of  Trustee-'  . 
Funds  of  divided  Township 

4335, 
Funds,  Congressional,   how 

kept  . 

Inspection  of  Trustees'  .  4454,  4l-v> 
Miscellaneous  school  funds  4403 
Record  of.  4441,  4442 

Acknowledgment  of  school  mort- 

ga-  n.  1,  4381 

Action.     Set-  Suit. 

IJy  -ucce.— or    .  n.  1").   4441) 

]>v    County    Commissioner- 

to  recover  rent .  n.  2,      187 

Will  lie  against  county  for  de- 
ductions from  school  fund  n.  3,188 
Additional    branches,    examina- 
tion of  teachers  in. 

n.    13,  442-').  4502 

Voters  determine  .  4491) 

Administration  of  school  svstem 

4106  to  44C.4 
Adoption    of    text     hooks.        See 

Books, 

Advertisement  of  unloaned  fund-.     I 
Advertisement  of  funds 

For  school  hook  hids.       See 

Books. 

Anticipation  of  revenue  .    .  n.  8,  4441  ; 
n.  1,  4442;  n.  1.4470;  n.  X.    H^a 
Apparatus,  Trustee  provide- 

Bee  Furniture. 

Appeals  from  director  to  Trus- 
tee. 
Fxpul.-ion  of  pupil      .       n.  1 

i-pen-ion. 

Appeal    to  County    Superinten- 
dent from  Tru-tee  . 

<  iontracto  concerning        n.  3, 

! 


I  Hi 


4506 
4506 


4637 


Courts,  jarisdiction  of.  u.  :;.  4.    15:;7 


Appeal  to  County  Sup't— Con. 
Dismissal  of  teachers  .    .  n.  3, 
District,  abolishing    .       n.  <>, 
Final  n.  9,  4537, 

Joint  graded  school  n.  1, 

Jurisdiction  of  courts 

n.  3,  4537, 
Location  of  school  house 

n.  4,  5, 

Notice  of  n.  1, 

Power  of  Superintendents 
Private  schools     .    .  n.  3, 

Procedure  .  ...      n.  1, 

Right  to  bring  action,  does 

not  prevent .  .    . 

Transfer    .    .        .  n.  1, 

Trial  of .       .    .  n.  6,  7, 

Trustee'-  di-cretion         ,  n.  ~>. 
Witnesses         n.  1,4537;  n.  1, 
Appeal  to  State  Superintendent 

4429, 

Bond  .    .n.l, 

Evidence  as  to  license      n.  13, 
License,  refusal  to  grant, 

n.  17, 
Must  be  taken  as  to  whole 

cause       n.  .">, 

Notice  of n.  1, 

Procedure  .    .  n.  1, 

Rule-  n.  4.  5,  6,  7,  8,  9, 

Slate    Superintendent's    dis- 
cretion as  to  n.  11, 
State    Superintendent's    de- 
ci-ion  liual       ...       n.  15, 

Time  n.  2, 

Transcript n.  1, 

Trial „.   1.  •_', 

Tried   ,!>•  novo, 

n.  10,  4501  ;  n.  12, 
Witne--.'-  n.  1, 

Apportionment  of   County  Aud- 
itor 


SEC. 

4537 
4499 
4499 
4517 

4429 

4499 
45:  ',7 
4537 
4509 
4537 

4429 
447:5 
4537 
4499 
4538 

4538 

453S 


4425 

4538 
4538 
453S 
4538 

4538 
1538 


(  'ounty          Superintendent's 

duty  a-  to 
I)i>trirt  to,  not  made  .       n.  3, 


4538 
1638 

4486 

4i:;2 

4432 
4499 


(253) 


254 


SCHOOL   LAW    OF    INDIANA. 


A. 

Apportionment  of  County  Aud- 
itor— Con.  SEC. 
Dog  fund.     See  Dog  fund. 
Equal  distribution  of         n.  5,  4482 
Instructions  to  County  Aud- 
itor .                                  n.  1,  4479 


June  apportionment 


4482 


Method  of  making  is  valid, 

n.  1,  4486 

Report  of  State  Superintend- 
ent. 4486 
Rule  for  making  .              n.  4,  4486 
Town  recently  incorporated, 

n.  5,  4486 

Validity.  -    .      n.  1,  4486 

Apportionment  of  loans  -  4402 

Apportionment  by  Trustee  among 

schools  of  township  .    .  n.  3,  4499 
Appraisement  of  school  lands  for 

sale  -  4344 

Forfeited  lands  4394a 

Lands   offered  for  mortgag- 
ing .  4371,  4372 
Lands  remaining  unsold  4352 
Reappraisement, 

4352,  4352b,  4394a 
Appropriations,  permanent, 

4408,  4412;  n.  1,  4423 
State  Normal  4558 

Appropriations  by  County  Com- 
missioners because  of   de- 
ficit .  n.  2,  4326,  4399 
Deficiency  in  sale  of  lands      4394b 
Assault  and  battery,  teacher  may 

be  guilty  of.  n.  8,  12,  4505 

Teacher   assaulted    may   re- 
cover damages  for          n.  2,  4507 
Attached,  defined  n.  5,  4498 

Attorney,    State   Superintendent 

may  employ  .  -    .  n.  2,  4413 

Fee  of,  county  must  pay, 

n.  5,  188;  n.  4,  4326 
Attorney -General,    power    to 

bring  suit    -  n.  1,  4435;  n  3,  4326 
Auditor  of  county,  acknowledg- 
ments may  take  .  4379 
Accounts    of   Congressional 

Township,  keeps  4327 

Appoints  Township  Trustee, 

when  4440 

Apportions  revenues  in 

county  .  ...      4486 

Bids  mortgaged  lands  in  .    .      4393 
Bond  of  Trustees,  approves. 

4439.  4440 

Bond  of  County  Superinten- 
dent, approves  .    .       4424 
Can   not    lend    and    borrow 

from  School  fund     .    .  n.  3,  4334 


A. 

Auditor  of  county — Con.  SEC. 

Casting  vote,  gives,  when  4424 

Certificate     01    sale     issues 

when  old  one  lost ....      4360 

Deed  for  land  sold,  makes  .      4395 

Duty  as  to  transfer      n.  5,  6,  4473 ; 

n.  3,  4374 

Duty    as    to    Congressional 

funds  .  4333  to  4337 

Duty  in  election  of  County 

Superintendent    .  n.  3,  4,  5,  4424 
Fees  for  making  loans  .  4382 

For  transfer  of  Congressional 

Fund  4337 

For  sale  of  land    .  4345  ;  n.  2,  4391 
Income  of  1'and,  reports  of, 

received  by  .  4328 

Interest,  duty  as  to  when  un- 
paid n.  2,  4334 
Loans  funds  .                      4370,  4381 
Loans  to  himself  void     .  n.  3,  4334 
Miscellaneous  fund  account, 

distributes  4403 

Negligence  of  n.  4,  4375 

Notice  of  deficit 4.S2(> 

Of  sale  of  lands  .    .    .  4391 

Oaths,  administers  -      437!) 

Penalty  for  failure  to  report  4481 
As  to  miscellaneous  fund  .  4405 
Relator  in  suits,  when  .  n.  1,  4390 
Reports,  condition  of  funds.  4398 
Of  land  in  adjoining 

county 433<> 

Of  revenue  for  apportion- 
ment     .  4478,  4479 
Resale,  makes  of  land   -  4347,  4351 
Sells  mortgaged  lands    .  4383,  4392 
School  lands  4345 
Statement  as  to  number  of 

children  4333 

Suits,  brings  for  deficits  .  4355,  4390 
To  recover  possession  of 

lands  mortgaged  .  4383,  4383a 
Subrogation  on  part  of  pur- 
chaser .  .  n.  14,  4392 
Tax  extends  on  duplicate  .  4468 
How  to  manage  transfers  .  n.  3,  4474 
Trustees'  books,  examines 

4454,  4455 

Warrant     draws     for    bor- 
rowed funds  4873 
Waste,  suit  brings  for  .    .    .      4350 
When  must  bid                 n.  13,  4392 
Auditor  of  State,  draws  warrant 

for  county  funds  4484 

For  expense  of  State  Board 

of  Education  4423 

Authority    of    two   members   of 

Board n.  26,  4501 


Balance,    unexpended,  how  de- 
termined .  n.  7, 
Ballots  for  sale  oC  lands,  kind 

" -nk   tax,   part  «>f  school  fund. 

k  stock,  taxing  ...  n.  ">, 
jia-t-  to  -chooU  .... 

Bonds  to  aid  .    .  .  4513  to 

Will,  sufficiency  <>*'  .  n.  4, 

Bible,  not  excluded  fn>m  school 

How  u-cd  n.  1.  2.  3, 

Blanks,  Stati-  Superintendent 

»     prepares 
Furnishing    County    Super- 
intendent with  .  n.  2, 
rd  of  County   Cmmissioner-, 
accounts  of   Trusto 
ainint- 4454, 
Boundaries  of   township  de- 

tim-  .    .  n.   1, 

Deficit  in  funds  made  up  .  . 
Dismiss  County   Superin- 
tendent .  ... 
F.xamine  report  of  Auditor 

and  Treasurer 

Intere-t.  pay-  up         ... 
Lands,  order  sold  434'"). 

Report     concerning     loans, 

make  .  .    . 

School-house,  can  not  build, 

n.  1. 
School      taxes,     no     control 

over  .  n.  3,  8,  9, 

Special    sessions,     power    of 

at  n.  \'2, 

Board  of  Kdncation.    SceCoiintv 
Hoard  of  Kducation,  State 
Hoard  of    Kdncation.    and 
School  ( 'ommi  — iom-r-. 
Board  of  School  Tru-tces  absent 
of  majority  »•  — eiitial  to  va- 
lidity of  order  .  n.  22, 
Bond  on  appeal  . 
Hotid,  borrowed  money,  does  not 

cover  n.   1, 

Can  not  be  enjoined          n.   \:\, 
( 'over-  both  civil  and  school 

town-hip  .       n.   It, 

Dama.iro  in  -uit  on.          n.   13, 
Individual   re-pon.-ihility  of 
memlicr-  n.    2X, 

Liability  of  officer  and  surety 

on  n.  10, 

School  F>oard'>        .    -    . 
School  Trn-t. - 

Superintendent  of  County  of 
When    two     hoard*    act    to- 
ner     ii 

Woman's 


INDEX. 


1482 

4:541 

4325 
4467 


4616 

44:;: 
4  !'.»:; 
4493 

4415 


4456 

4:  ',31 
4326 

4424 

4399 

4  :!•_'•; 

436S 


4514 


4441 


4439 
4-")38 

4440 

4446 
1440 

4501 

M  10 
443! » 
4440 
1424 


B. 


265 


>^< 
4-")27f 


1488 

4l!»l 
4488 


Bonds,  for  library  building  .  .    . 

Tax  to  pay  .  .... 

Bonds,  for  school  buildings.   .    . 

Basis  of  valuation  for  i--ue. 

n.  3.    1488 
Bequest  to  aid  in  building, 

4514  to  4516 

By  whom  issued    .    .  n.  '_'. 

City  may  srll  .  . 

Consent  of  Council  nccc->arv 
Constitutionality  of  law     n/7, 
Contract  for  ground,  author- 

i/.c-  isMiing  of        -  n.  1, 

Donations  to  aid      •      4514  to  451  (i 

Kxcessive   indebtedness  .  n.  i\.  44>s 

Bonds,  in  cities  .  •    -     44(.f_)a 

Bonds,  oflicial,  suit  on    ...  n.  5,  4437 

Bonds,  in  large  cities.    ...  44(>4a 

Legalizing  issue  of  n.  1,  4490 

Liability  of  Trustees  for.   n.  4,  4488 

Limit  of  isMie  n.  3,  4488 

Proceeds  of,  use  4489 

Purchase  off    land,    can  not 

i.->ue  for  .  n.  •"),  4488 

Sale  by  Township  Trustee  .      4516 
School  Commissioners  mav 

i-Mie.  4460,  4464a 

Special  tax  to  pay  .  •      4490 

Surplus  revenue  paid  on  .    .       44'.<2 
Township  Trustee  may  is>iic. 

when  .....  '   4514  to  4516 
Towns  may  sell  .  ...      4488 

Transferred  taxed  to  pay 

n,  5,  ^  7,  4490 
Void,  not,  school   house  lo- 
cated outside  of  town. 

n.  8,  4488  ;  n.  5,  4490 
When  may  be   issued          n.  S.    1111 
Books,  advertising  for  bids.  4421c 

Adoption  for  high  schools, 

n.  4.  4486 

Advertising  for  manuscript-,     \  \'2\<\ 
Afl'nlavit  of   bidders     .  44'Jlc 

Appropriations  forexpen-«--, 

44210,   142  lu 

Attorney'-     fees,    when    re- 
coverable, 

H21J.  44211.  1421v,   1421  x 

Author  to  revise  book-  4421(j<i 

P.id-  to  furnish     .  1121.-.  4121.  j 

Condition-  of  H21c,  4421q 

Investigation  of          H21c.  4l21<i 

Openin-<-f  1121.1.    H21.| 

Rejection  of.    ...    1421.-,  4421<j 

Bidder,  interest  .if.  4421c 

Bond    of     County    Superin- 

tendent.       .     '  1421k,  4421  w 

Branchc-  of  -tndy  .    .    .  11211. 

Ca-h.  sold  for.    .    .....     4121h 


256 


SCHOOL    LAW    OF    INDIANA. 


B. 

Books — Con.  SEC. 

Change  of 4436 

Choice  of n.  2,  4421b 

Constitutional,  act  of    1889 

is        ...  n.  J,  4421b 

Contract  for  printing  manu- 
script .    .  442  le 
Not  to  be  impaired    ....  4421ee 

State  not  liable  on    ....    4421  d 

Contractor,  damaged  books, 

charged  with  .    .    .  4421  bb 

Bond  of,  new    .  -        4421  ww 

To  file  consent.    .  4421  hh.  4421  pp 
Payment  of   ...      442if,  442 Iz 
Keports  to  .  .    .    .      4421z 

Requisitions  upon       .    -    .  4421  v 
Reshipment  to  ....          4421o 

Ships  books  .  4421h,  4421bb 

Copyright,  gift  to  State    .    .    4421c 
County  Board  of  Education 

considers      ......      4436 

County  Superintendent,  laws, 

distributes  4421dd 

Liability   for  failure  to  re- 
port 44211 
Makes  requisition  for  ...    4421  h 
Notifies  Trustees                        4421h 
Reports  to  contractor    44211,  442111 

Sells.  4421h 

Suits,  brings  .     4421  j 

Damaged,  returned  to  con- 
tractor -    .  4421bb 
Debt,  can  not  be  contracted 

for  by  Trustee  .    .    4421  o 

Defective,  returned  to  con- 
tractor .  4421bb 
Duty     of     merchants      and 

dealers 4421kk 

Effect  of  act  of  1889,  1891, 

1893  ...     n.  4,  4436 

Embezzlement  -  .  4421  n,  4421y 
Excessive  charge  for,  pen 

ally  4421m 

Failing  to  report — right  of 

action     .    .    .  4421mm,  4421nn 
Free,  when      .    -  .    .     4421 1 

Furnishing 4421h 

Gift  to  State 4421c 

Grading  .    .    .  4421b 

Grammar,  advertisement  for  4421  q 
Intermediate  4421  rr 

History  of  United  States,  ad- 
vertisement for      .    -    .    4421 q 
How  obtained  .    .    .  n.  5,  4436 

Interest  of  bidders  ...  4421c 
Kind  and  requisites.  .  4421b 
Labels  for  .  .  .  4421  cc 

Laws, distribution  of  4421dd 

Legislature  may  provide  n.  6,  44c6 


B. 


Books — Con.  SEC. 

Number  required,  certificates 

to  *    '    '  .  •        4421h 

Officers  to  supply  sufficient 

books  .    4421  jj 

Old  books,  disposition  of      .    4421h 
Orders  for     .  4421  h,  4421  r 

Packages  of,  not  to  be  broken  4421  bb 
Partisan,  forbidden  4421b 

Pay  of  contractor  4421  f,  4421  o 

Of  Trustee  4421  u 

Payments,  failure  to  make  .    4421y 
Report  concerning     .  4421  u 

Physiology,  advertisement  for  4421q 
Poor  receives  free , 

n.  11,  4444,  4421  b,  4421c,  4421t 
Preserved  by  Trustee,  how  4421bb 
Price  furnished  at  to  State, 

4421d,  4421q 

To  patrons  4421  h 

Printed  on  cover   ....  4421  cc 

Trustee  liable  for  .    .    .    .    4421  h 

Printing,  contracts  for  4421e 

Proclamation  of  Governor  .    4421g 

Publishing,  State  may  .    .    .     4421  e 

Receipts  for  books  .      4421  h,  4421  o 

Repeal  of  laws  .    .    .  4421  v 

Report  of  sales  .    .    .  4421o 

Report   of    sale,    failure  to 

make  4421J,  4421v 

By   County   Superintend- 
ent.  ...  ...    4421x 

By  Trustee      442 li 

To  contractor 44211 

Requisitions  for  books  .    .    .     44211 

Limited  .    .     4421r 

Revision,  frequency  of  .    .        442 Itt 

Standard  of.   .  ...      4421  uu 

To  be  scaled 4421 qq 

Sale  to  merchants  or  dealers,    4421  ii 
Sale  for  more  than  contract 

price  a  misdemeanor.  4421  oo 
Sectarian  forbidden  .  .  4421  b 
Shipment,  how  made.  .  4421bb 
Size  .  .  .  4421b 

Spelling  -  book,     advertise- 
ment for  4421q 
State  Board  of  Education  a 

Board  of  Commissioners  4421b 
Duties  4421b,  4421  q 

May  sell  old  books    .  4421h 

State  Superintendent  makes 

requisition  for  books  .  .  .  4421h 
Prints  and  distributes  laws  .  4421dd 
State  Board  to  meet  .  -  .  .  442 Iss 
Suit  against  Trustee  .  4421v 

Against  County  Superin- 
tendent.       .  .    .    4421x 
Supplemental  act  of  1891.   .  4421  ee- 


INDEX. 


257 


.•ert ities  number  re-       si:c. 
<|uind  .  4121h 

Compelled  to  use.   .  n.  2,    4l2lh 

Damaged,  return-.         .    .  4421bb 
Furnishes   patrons.     .    .    .     4l2ih 

Liability  concerning.    .    .    4121v 

<  )ver-cha ruing 4421  in 

Pay   .    .  4421t 
Payment  over    of    money 

ved             41211 

-onal  liability  ....  4421o 

Procures  books            .     .    .  4421i 

Report-  payment             -  4421u 

orts  number  on  hand.  4421u 

Report-,  number  sold    .    .  4421o 

Requisitions  for,  makes   .  4421r 

rniform  n-e  made  of    .    .    .  4421  / 

Use  of ,  to  be  uniform    .    .    .  4421/ 

boundaries   <.f  Town-hips,    how 

Dilated.                 .     .     . 
irihery  of   public  officer,    n.    :;.",.  4441 
branches   taught,   district    meet- 
in  y-  determine 4  P.-'.' 

(  ierman          44D7 

What  shall  be  taught.    ,  44'.'7.  41'.'!' 
Building-.      Sec  h<>! 
iJureau      of     Statistics.     County 
Superintendent    furnishes 

-tati,ticsto,ti.  :;.  44:;i  ;   4,  5,  4433 

(  'alendar.a-  to  term. week,  month       44'.'") 
Care  of  school  property       ,  n.  It'..  4444; 

n.  2 

Ca-h  -ale-  of  -ch..ol  land-.     .  n.    1. 
Ca-h  advance*!  to  teacher    .  n.  4-".,    4-~>ol 
Certificate  of  lien- «>n  land  4:I7"> 

of  purcha-e  4363,  4:;:.';. 

Chart-.  (  oiinty   Hoard  of  Kduca- 

t  ion  considers  .   .    . 

Children,  a  ire  of.     .......        1  172 

(  'olored.  how  provided  for          4  P.:ii 
Fnnmeration  of   .   1  PI".  41:'.:',.  4172. 
to   1476 

itie-  not  t-ntitled  to  dou-tax.  n.">.  4  Is7a 
laim-.  payment  of.  enforced  by 

mandate  .  n.  7.  4  I  12 

Cla  —  itication  of  -«-lio,,U     .  n.    1.   1  -j 

Of  pupiU  n.   14.  4114 

College  iund,  State  Auditor  loanfl 

n.   17.    1326 

children,      convenient 
entitled  to, 

n.  :..   1>2:   n.  2.    \l\n\ 
I  >i-cretii>n  of  -chool  ntlicer-. 

n.    1. 

Distinction  can  not  be  made      IP", 

Fnnmeration  of     .    .     .    .  n.  7.    147'J 


4:;';«» 

1  \:\>\ 


Colored  children—  <  '»n. 

Kipial  pr:  i-t  have. 

n.  3,  44'.n; 

(irailed  schouN  may  attend.  !!'.'»• 
Law>  concerning,  valid  .  n.  1,  44'.Mj 
Schools  for 

rate  -rhool.s  for     .    . 
Mandate  to  compel  .    . 
Permitted 
(Jommis.-ioner-.       See   Board 

County  (  'ommi>-ionersand 
School  (  oinmisMoncrs. 
Common  Council,  authori/es  is- 
of  l.on.N  for  .        ... 
Appoints  school  boards    .    . 
Levies  local  tuition  tax 
Common  law  of  the  school  . 


n.  5, 

n.  4. 

n.  5,  44% 

of 


..   4488 
.  .   4439 
.  n.  1,  4469 
n.  11,  4505 


Compensation  of  teacher  not  af- 
fected by  failure  to  send 
to  school  .....  n.  22,  4501 

Conditional  deed    .......       4491 

.regional  township,  account 

of,  how  kept    .....      4327 

Apportionment     of     loans 

among  .........      4402 

Boundaries  of  .....  4331 

Care  of  lands  of    .    .  n.  1C..  17.  4441 
Children  in,  enumeration  of 
Funds  of    ......  l:;-j:>  to  4337 

Consolidated    .....  n.  1,  183 

Diminished,  may  not  be  .       4l>«', 
Lands  of  ,    .         4:;js  to  4330 

••line   from,    how   appor- 
tioned   ......  4480 

Contempt-,    tines    for    belong    to 

-chool  fund    .....  n.  7.  4325 

Conte-t  .  ......  n.  50,  4439 

Contracts  of  trustees,  generallv. 

n.  IS,    1H4 

r.enetit  to  township,  mu-t  be 

n.  2,  4438c 
Can  not  contract  with  thcm- 

-elves  as  individuals  .  n.  2S,  4439 
Must  not  contlict  with  law, 

n.   L5,    1-"! 

Rescinding  contract  .    .  n.  17,  4501 
^plaint     on.    what     mu-t 

>how.  n.  13,  4337 

Contracts      hind      town-hip 

unlv   when   authori/ed   bv 

law          .    .  .     .  n.'l-J.  44:57 

.ditions  pre<-edent  n.  4.    i:'.'JH 

Perio<l  license  mu-t  cover  to 

make  valid  contract  .  n.  1'.',  4"><>1 
Ratification  of  .  .  .  n.  :','.».  !  \:\'.> 
Void  ,-ontract.  .  n.  IS,  4501 

With  dc/acto  board  valid  n.  2:;.  l-^'i 
County  Hoards  of  Education 

can  not  make  ....  n.  3. 


:  ,        S. 


258 


SCHOOL    LAW    OF    INDIANA. 


C. 

Contracts  of  trustees — Con.  SEC. 

Dictionaries,     purchase     of 

n.  12,  4444 
Employment    of     teachers, 

4501  and  notes. 
House,  school  trustees  make, 

.      n.  2,  5,  4437 

How  made  ....  n.  13,  4444 
Intent  to  bind  township  n.  3,  4437 

Maps n.  12,  4444 

Notes.     See  Notes. 

Old   board   may   bind   new 

board  by n.  13,  4439 

Power  to  make       .        .  4437,  4438 
Teachers.     See  Teachers. 
Township   Trustee's    power 

to  make  ....  n.  11,  4438 

Contributions   to    joint  schools, 

n.  3,  4444,  4513 

Trustee  interested  in    .  n.  27,  4439 
Coroner,  property  found  on  dead 

bodies n.  13,  4325 

Corporal  punishment   .    .    .  n.  12,  4505 

Discouraged n.  25,  4505 

Objects  and  purposes  of .  n.  33,  4505 
Teacher  not  liable  for  when 

n.  13,  4505 

When  teacher  may  not  in- 
flict            n.  39,  4505 

Corporations  may  be  assessed  for 

schools .  ....        183 

City  is  for  school  purposes  .  4438 
Designation  in  suit .  .  .  n.  3,  4438 
School  district  for  civil, 

n.  2,  4437 ;  n.  6,  4438 

Town  is  for  school  purposes      4438 

Corporations,  de  facto    .    .    .  n.  29,  4439 

Costs,  when  not  allowed  in  suit  .      4535 

County  liable  for  school  fund 

n.  5,  4326 
School      house,    can       not 

build n.  5,  4517 

County  Auditor.     See  Auditor. 
County    board    of     Education, 

members  of 4436 

Acts  of  1889  and  1891,  ef- 
fect of        n.  5,  4436 

Adjourned  meetings  .    .  n.  1,  4436 
Adoption  of  books      .    .  n.  4,  4436 
Contracts,  can  not  make  .  n.  3.  4436 
County  Superintendent  pro- 
vides  4436 

Course  of  study    .    .  n.  2.  11,  4436 

Duties       .      4436 

Meetings n.  1,  4436 

Quorum n.  2,  4436 

Rules,  prescribing  .    .    .  n.  2,  4436 
County  Commmissioners,  County 

Superintendent,  removes  .      4424 


C. 

County  Commissioners — Con.  SEC. 

Deficit,  make  good  .          n.  2,  4326 
Discriminate  against  county 

officer,  should  not    .    n.  2~>,  44:M 
Funds,  examine  reports  of  .      4399 
Must   make   reasonable   al- 
lowance for  incidental  ex- 
pense of  County  Superin- 
tendent n.  2,  4433 
Report  condition  of  funds 

4336,  4400 
Sales  of   land,    ordered   by 

n."  1,  4345 
School  houses,  can  not  build 

n.  1,  4514;  n.  5,  4517 
School  taxes,  no  control 

over n.  3,  4467 

Sessions  to  receive  reports 

n.  12,  4441 

Settlement  with  school  of- 
ficers   4399 

Settlement  with  county  of- 
ficers does  not  conclude 
the  State  .  .  .  n.  4,  188 

Trustees'  accounts,  inspects 

4454,  4456 

Trustees,  may  remove  .  4456 

County    Institute,    see    Institute 

(county). 

County  Seminary,   can  not  pur- 
chase    n.  7,  4438 

County  Superintendent,  accounts 

of  Trustees  examines .  4454,  4455 
Address  of,  sent  to  State 

Superintendent  4424 

Agents  for  sale  of  books,  can 

not  be 4424 

Allowance  of  claim,  effect, 

n.  3,  4433 
Appeal    to   and   from.     See 

Appeal. 
Appointment  by  Auditor, 

n.  3,  4424 
Apportionment,  superintends, 

4432,  4434 

Blanks  for n.  2,  4433 

Bond  and  approval, 

4424,  and  n.  24,  4424 
Failure  to  give  .  .  .  .  n.  24,  4424 
Under  acts  of  1889  and  1891, 

4421k,  4421  x 
Books.     See  Books. 
Chairman  of   County  Board 

of  Education  -  *  .  .  .  4436 
Charges  preferred  against  .  4424 
City  schools,  has  no  control 

over 4429 

Claims,  collects 4435 

Compensation 4433 


259 


G 

Bounty  Superintendent— Con. 

(  'oiir-e  <if  ftudy,  when,    may 

§  area ii iif n.  ">. 
I>eri-ion  final  as  to  location 

i.I  M-hool  IK. use.    .  n.  9, 

I>eprived  of   otlife,  can  not 

In- n.  4, 

I  >i>cretion  not  controlled   by 

courts  n.  '_''). 
I>i-mi-<al.  appeal  from  .  n.  i». 
Duties  generally 

I      In  examination 
As  to  >chool  fund  .... 
Legislature  inav  prescribe, 
n.  6, 
Election,  when 
Ac.jiiiescence   in    election 
of n.  14, 

Appointment  for  city,  reg- 
ularity of.        .          n.  17, 
Auditor" voting.    .  n.  20,  21, 

Ballots n.  13, 

'  .i-tiiivc  vote 

Chairman.  Auditor  voting 

for n.  21, 

C'itv  Trustees  can  not  vote 

for. n.  23, 

De  jure  officer.    .    .    .  n.  22, 
I  >i-puted  ....... 

Evidence  of n.  13, 

Illegal  vote n.  18, 

Illegal  ruling  of.    .    .  n.  28, 

Libel  of n.  9, 

Mandamus  will  lie  to  com- 
pel  i— nance  of   license, 
when.                           n.  26, 
Meeting    of     Trustees     to 
elect  n.  :'., 

Ministerial  dutv  of.    .  n.  29, 

M.»l.  .    .    . 

(Quorum  necessary    .    .  n.  2, 

..r.l  of.     ...*..  n.  12, 

ilarity  of          -     .    .  n.  8, 

rted  to  State  Superin- 
tendent      

Tie n.  20,  21, 

Town    Tru-tn-s    can    not 

vote  for n.  21. 

Tru-tees  elect 

Failure  to  elect       ,         n.   .">, 

Tru-tee    voting    for    him- 
self      .  n.    1*, 

Pr.  -cut  and  not  voting 

n.   1«». 

Who  elect  him  .     . 

-ion-   not    reviewed    by 
count-.     .     .         .    .     .    .  n.  '.'. 

Decisions,   final       .    .       n.  10, 
Elevates  standard  of  schools 


4429 

4499 

4124 

4425 

4424 


4  4  1'.') 
4436 

4436 

4424 

4424 

4424 
4424 
4424 

4121 

4424 

4424 
4424 
4424 

4424 
4124 


4436 


412--) 

4121 
412:. 
4424 
4424 
4424 

1121 

4121 
4424 

1121 
4121 
4121 

1121 

4121 
4424 

4587 
1637 
4429 


C. 

Count v  Superintendent — Con.  SEC. 

Kliirihility      n.  G,  4424 

Enumeration,  duty  to  make      4431 
Examines  teachers  .     .       4  12~> 
Expense-,  of,  reasonable  al- 
lowed   n.  2,  4433 

Fines  collects -11:;.') 

Forfeit H res  collects  ....       44:jr> 

Institute,  holds      l-Vj:; 

Interest,  collects     .    .    .  4434,  44::.') 

Laws,  distributes 4421dd 

Liabilitv  for  refusing  license 

n.  16,  4425 

Libeling  .  n.  9,  4436 

License  fees,  may  collect .  .      4435 
Licenses.     See  licenses. 
Mandate  to  compel  surren- 
der of  records          .    .  n.  15,  4424 
May      examine       Trustees' 

books n.  4,  4456 

Member  of  Board  of  Edu- 
cation        4436 

Mileage,  not  entitled  to  .  n.  1,  4433 

Oath 4424 

Office  for .   .  n.  10,  4424 ;  n.  4,  4433 

Opinions,  gives      4429 

Orders  of  State  Board,  car- 
ries out 4429 

Ousting  from  office  .   .    „  n.  4,  4424 

Pay 4433 

Powers  of,  not  judicial  .  n.  16,  4425 
Postage  .    .  n.  2,  4433 

Private   examinations,   can 

not  make 4427 

Private  schools,  reports  con- 
cerning   n.  2,  4431 

(Qualifications  of 4424 

Receipt,  takes  from  succes- 
sor.            4428 

Recognition  by  State  Super- 
intendent, effect  .    .    .  n.  7,  4424 
Recognizance,  collects  .    .    .      4435 

Record,  keeps     4428 

Proof  of  contents  of  .  n.  2,  4428 
Records,  examines  ....  4435 
liVport  of  apportionment  .  4432 

Contracts 4431 

Failure  to  make     ....      4431 

Special 4i::i 

Statistics       .                      .    .       4431 
To  State  P>oard  of  Educa- 
tion             4428 

Transfers 4468 

P.  -Lrnation.  withdrawal,  n.  16,  4424 

Revokes  license 4426 

School   examiner,  duties  of, 

performs 4424 

Should  not  be  discriminated 

against n.  25,  4424 


260 


SCHOOL    LAW    OF    INDIANA. 


C. 

County  Superintendent — Con.  SEC. 

Stationery,  furnishing    .  n.  2,  4433 
Statistics,  reports, 

n.  3,  4431 ;  n.  4,  5,  4433 

Suit,  institutes       4435 

Teacher,  examines 4425 

Term  .    '.    .  .        .  n.  11,4424 

Township  institute,  attends.      4429 

Vacancy  in  office 4424 

Visits   schools 4429 

Duty  to  make    ....  n.  2,  4429 

Number n.  1,  4433 

Women   ineligible   to    office 

of.  n.  1,  4540 

Course  of  study,  how  prescribed, 

n.  2,  4436 
By  County  Superintendent, 

n.  5,  4429 

By  Trustee  .  n.  14,  4444;  n.  5,  4429 
Courts,  jurisdiction  of    .    .    .  n.  3,  4537 
Not  abridged  by  school  law.      4429 
Will  not  review  discretion- 
ary acts  if  not  abused, 

n.  35,  4444 


D. 


Damages,  Trustee  liable  for  10 

per  cent       .  4441,  and  n.  7,  4441 
Amount  of  for  wrongful  dis- 
charge of  teacher          n.  13,  4501 
Day,  school  day,  board  may  fix 

n.  25,  4439 
Dead  bodies,  property  on  belongs 

to  schools  n.  13,  4325 

Debts  for  future  supplies  .  .  n.  8,  4441 
Complaint  to  recover  .  n.  8,  4441 
Liability  of  township  upon, 

n.  8,  4441 

Limit  of         n.  7,  4467 

No  authority  to  incur  debt, 

n.  3,  4329 

Order   of   County   Commis- 
sioners to  create  .        .  n.  11,  4441 
Orders    without    considera- 
tion ....  .    .  n.  8,  4441 

Public  officers  not  answerable  in, 

when  .    .          n.  11,  4501 

Tax  to  pay  4471 

Deductions  from  school  fund, 

recovery  of        ...      n.  6,  4325 
Deed,  evidence  of  what  n.  2,  4395 

Conveyance  made  good   by 
reference  to  another  deed 

n.  15,  4392 

Forfeited  bonds 4395 

Recording n.  1,  4395 

Sale.     See  sale. 

Tender  of .  n.  3,  4395 


D. 

Deed,  Trustee,  execution,  sale  of      SEC. 
school  house  4511 

What  is  a  conditional  deed, 

n.  4,  4508 ;  n.  1,  4511 
De  facto  and  de  jure  officers 

acting  n.  35,  4501 

Defalcation,      liability      of 

members  in  .  n.  42,  4439 
Deficit  on  foreclosure  of  mort- 
gage .  .  .  4326 
Design  illegal,  effect  of  .  .  n.  49,  4439 
Devotional  exercises  .  .  .  .  n.  3,  4493 
Dictionaries,  purchase  of  .  n.  12,  4444 
Direct  trust,  management  of 

school  fund  is     ....  n.  2,  188 

Director,  appeal  from 4506 

Appointment  ....  4498 
Certificate  of  vote  .  .  .  n.  10,  4498 

Death n.  2,  4498 

Duties 4503 

Election 4498 

Excludes  pupil 4505 

House,  has  charge  o|  .  .  .  4504 
Janitor,  employs  .  n.  3,  4504 
Local  agent,  acts  as  .  .  n.  1,  4503 
Meetings,  presides  at  .  .  .  4503 
Notice  of  meetings  jurisdic- 

tional n.  11,  4499 

Oath  .       4498 

Removal          4498 

Repairs,  makes 4504 

Resignation n.  2,  4498 

Selection n.  2,  4498 

Term  of  office n.  3,  4498 

Vacancy  4499 

Visit  schools 4505 

Discipline,  teachers'  powers  .  n.  4,  4505 
Conduct  out  of  school .    .  n.  4,  4505 
Corporal  punishment,  n.  8,  18,  4505 
Distance  to  school  must  be  reas- 
onable           n.  2,  4496 

Districts,  abolished, 

n.  21,  4444;  n.  7,  4499;  n.  1,  4437 
Choice  of  by*patron  .  .  .  n.  4,  4472 
Corporation,  was  not  .  .  n.  3,  4499 
Council  creates  in  a  large 

city 4458,  44C.O 

Meetings  in n.  1,  4499 

Called 44!)!) 

Trustee's  discretion.  .  n.  11,  4537 
When  attendance  is  only 

four n/34,  41-H 

Persons  forming 4472 

Voters 44!)8 

Districts,  formation  of  in  towns 

or  cities .  ....  n.  36,  4437 

Distribution  of  fund 1 8") 

Ditch,  liability  of  school  land  for 

construction n.  3,  4339 


261 


D. 

Divided    -chool     section,    what 
Trustee  manage-     .... 
Tr.-mWer  of  power  .if.  .  4M:52  to  4336 
Divi-ionof  revenue  on  formation 

of  t«.\vn  n.  5,  4486 

Dockets.  County  Superintendent 

examines 4435 

mini.  .    .    .  41^7:« 

Distribution    .    -  n.  1.  44s7a.  44*7b 
Explanation  concerning, 

n.  13,  4487a 
Mode  of  distribution  .   .  n.  1,  41-7;i 

Surplus  .... 

Dog-tax,  disposition  of, 

n.  1,  3,  4.  r>,  44>7a 

Donations  to  build  school-house  .     4">14 
r,,,nds  to  aid.    .  4^14  to  4516 

Doors  must  swing  outward  .    .    .    4500a 
Locking  for  morning  exer- 

.    .  n.  25,  4444 
T)rainage,  .-chool  lands  not  liable 

for  assessment  of  .    .      n.  3,  4339 
Duty,  of  Commissioners,   as  to 

school  fund n.  5,  188 


E. 


4424 
4439 
4498 

4  1~>7 

44W 

4440a 


Flection-.      SIT  Sale. 

( >f  ( 'oiintv  Superintendent  . 

Of  City  S'chool  Trustee     .    . 

Director.  .    .    . 

of  School  Commissioner.    . 

Of  Town  Tru-tec        .... 

Of  Town>hip  Tru-tee   .    .    . 

Eligibilitvoi  Township  Trustee. 

n.  8,  44  in 
Fmbe//lement.  liability  for  school 

book-  .  4421J,  4421v 

Mixingfunds.  „.  3,4442;  n.  1,4441 

I  Foe  «'f  money  i-  not       .    .  n.  ."..    I  ll'i 

Employment  of  teachers         4444,  45u] 

Time  of.    in  township  .    4501a 

Employment     l»y    school    town, 

n.  5 

Employment  by  Town-hip  Tru-- 
.  n.  J] 

Fminent  domain,  t<»  appropriate 
land  for  -chool  h" 

1517  U)   1619 
Endowment  fund.  State  Auditor 

loans  .                      ..ii.l7.    }.'>_'"> 
Enumeration.      a.ue      of      pupil- 
enumerate  1.         .         ...       4 172 
:'-hment  to  schools  ...        }  172 
Chanire  of  >elio..U.  when  al- 
lowed.          1172 

Choice  of  BChoolfl      •        n.  4.   5,  4172 
>red  pupil.s    .    -   \  172.  n.  7.    1 172 


4i:;:» 


E. 

Enumeration      ' '<>».  SEC. 

Congress i.nxil  in   Township, 

number  in             ,  .       4333 
County  Superintendent  take-    44:>o 
Detaching  from  schools  .  n.  4.  4472 
District-  formed    by  1472 
Failure  to  make  ellccts  reve- 
nue   .    .                                    4431 
Filed  with  County  Superin- 
tendent                   4475 

How  made 4472 

Minor,  when  of  age.  .  .  n.  1,  4472 
Non-resident  pupils.  .  .  n.  3,  4472 
Oath  as  to  4475 

Report   as   to   Township    in 

two  or  more  counties    .    .      4476 
Residence  of  minor  .  n.  2,  10,  4472 
Special  report  as  to  Congres- 
sional Township  .          11.  1,  4476 
State    Superintendent's    re- 
port concerning  .    .    .  4409,  4410 
Township  in    two   or   more 

counties       .        ....      4476 
Transferred      persons      in- 
cluded .       ...  4472,  n.  6,  4472 

Trustee  makes 4472 

When  made         4472 

Who  may   be   enumerated, 

n.  1,  10,  4472 
Young  children  under  six  . 

n.  8,  4472 

Epidemics,    closing    school 
on  account    .  n.  2S.  4444; 

n.  21,  4501 

FSI -heated  lands   .  n.  8,  4:'»25 

Escheated  real  estate          n.  4,  183 
Escheats,  not  self-executing 

,      n.  8,  4325 

F-t  i  mate  of  expense  of  build- 
in-  .  .    .    .    .      4500 

F-toppel.   acquiescence  in, 

sale  of  scnool  lands  .  n.  1,  4354 
Indebtedness,     conte-tinu 

n.  15,  4437 

F-tray  fund       ...       n.   1.  5.  4826 
F-t  ray-,  -ale   of  ...  n.  4,  183 

Money  derived  from  sale  of 
belonir-  to  common  -chool 
fund  .  n.  5, 

iys  and  property  adrift  . 
•uination.   add  it  iona  1 
branches  ......  B.    1-.  442.-. 

n.  2.   1 127 
( 'oiinly    Su  pe  r  i  n  t  e  n  dent 

mak'  !  125 

Evidence  of  character. 

n.  7.   10,4425 
Incompetellev        to       -oVeril 

.school    .    .    .         .    .    .  n.  1«,  4425 


262 


SCHOOL    LAW    OF    INDIANA. 


E. 

Enumeration — Con.  SEC. 
Judicial  act  in  granting  li- 
cense  n.  22,  4425 

License.     See  license. 
Notice  of    .  .    .    .  n.  2,  4427 

Private,  forbidden.  .    .  4427 

Professional  license,    4422 ; 

n.  15,  4425 

Public,  must  be 4427 

Record  of  license 4428 

Special  fitness  -  n.  9,  4425 ;  4502 
Traffic  in  questions  .  .  .  4421a 

When  held n.  1,  4427 

When  not  necessary  ....  4425 
Execution  of  process  .  .  .  4536 
Exercises,  devotional  .  .  n.  3,  4493 
Expenditures,  record  of  kept 

by  Trustee 4441,  4442 

Expulsion  of  pupil  ....  4505 
Act  necessary  to  .  .  .  .  n.  7,  4505 

Appeal  from 4506 

By    Trustees  of    city    or 

town n.  1,  4505 

Pleadings  in  suit  to  re- in- 
state   n.  11,  4472 

Expulsion,     teacher.       See 

teacher. 
Truancy n.  1,  2,  4505 


F. 


Fees,  deducted  from  school  fund, 

can  not  be  .   .    .    .      n.  3,  4,  4325 

Auditor,     for     transfer     of 

Congressional  funds  .    .    .      4337 

Auditor's,  for  sales    .        .    .      4345 

Can  not  be  deducted  from 
school  fund  .    .  n.  6,  4325 

Should  be  paid  out  of  the 
general  county  fund  .    .  n.  5,  188 

Loans,  rate  for 4382 

Part  of  tuition  fund  ....      4325 

Treasurer's,  for  sales    .    .    .      4345 
Females'    eligibility    to    school 

office 4540 

Bond         4541 

Validity  of  law    ...  n.  1,  2,  4540 
Fines  belong  to  school  fund  .  183,  4325 

Contempt    fines    belong    to 
\  fund        n.  7,  4325 

County  Superintendent  col- 
lects .  ...  4435 
Forfeitures,    belong    to    school 

fund  183,  4325 

County  Superintendent  col- 
lects            4435 

Effect  of n.  4,  4347 


F. 

Forms,     State     Superintendent       SEC:. 
prepares  ....  .    .      4415» 

Book-keeping,  superintends,      4416 
Fuel,  director  furnishes .    .    .  n.  2,  4504 

Fund,  account  of          4327 

Must  be  devoted  to  the  sup- 
port of  the  common 
schools  ....  n.  1,  2,  184 

Advertising  for  loaning  .  .  4369a 
Auditor  can  not  lend  and 

borrow n.  3,  4334 

Attorney  fees  in  protecting, 

county  pays  .....  n.  4,  4326 

Bank  tax 4325 

Bonds  to  supply  deficiency  in,  4405a 
Common  school  fund  defined,  4325 
Congressional  township, 

4325  to  4337 
Corporations  may  be  taxed 

for 18a 

County  liable  for, 

186,  187,  4326,  n.  5,  4326;  4405e- 
Auditor  may  sue  for  4404 

Commissioners,  duties  as 
to    .....       .    .  4399,  4400' 

Dead  body,  money  found  on 

belongs  to n.  13,  4325 

Deductions  from,  recover- 
able   n.  4,  6,  4325 

Deficit  in,  notice  of, 

n.  4,  4325 ;  n.  2,  4326 
Deficiency  on  sale  of  land  .    4394b 
Diminished,  shall  never  be, 

184,  4325 
Distribution,  and  report  as 

to  .    .        ....        .    .      4404 

From  another  county.  4334,  4335 

Enhancing n.  5,  4326 

Escheats 183,  n.  8,  4325 

Estray  finds  .                .    .  n.  5,  4325 
Failure  to  specify  in  mort- 
gage.   .  n.  1,  4384 

Fees  of  officers,  can  not  be 

deducted  from  .    .      n.  3,  4,  4325 

Fines  generally 4325 

Forfeitures 4325 

How  created 183 

Interest  invested,  when    .  186 

County  must  pay  .    .    .  187,  4326 

Investment  and  distribution        185 

Inviolate 188 

Liquor  license    .    .    .   .  n.  10,  4325 

Loans  of,  interest 4369 

Lost  funds n.  1,  4399 

Mandamus  to  compel  proper 

application  -    .  n.  11,  4325 

Miscellaneous  fund,  account 

of  .....  .          4403 

Penalty  for  false  tax  list  .  n.  4,.  4325. 


4337 


F. 

mil,  policy  «»f  tin-  law  .        .  n.  5,   l.".--'''> 
1  'reservation  by  count  irs. 
Principal  and  increase  of 
Readjustment 
Kcinvcstiiicnt     for    county, 
when  ......  "  .         18r, 

Knits  distribute!.    .    .    .  n.  1,  4328 

!;«•  l-ort  as  to      .    .  4398,  4400,  4401 
Saline  fund.  .    .    .       4325 

•  School  lands  belonging  to, 
n,  1,  2,  4327 
Seminary  fund   .....          4325 
Srparatil.il  of         .  n.  1,  4327 

•  Sinking  lund,  interest  of,  to      4487 
State   not    liable  to  county 
for  .........  n/12,  4325 

State  Superintendent  super- 

vises. 4408,  4409,  4410,  4411,  4413 
Suit  for  loss  of  .....  n.  1,  4399 

Swamp  lands  .......      4325 

Taxes  on  corporations  .    .    .      4325 
Two  distinct  funds      .      n.  1,  4325 
What  constitutes  ....  183,  4325 

Furniture,  County  Board  of  Ed- 

ucation, duty  as  to    ...      4436 
Indispensable  articles      n.  12,  4444 
Providing     private     school 

with  .........  n.  7,  4499 

Tax  for    ........      4467 

Trustee  provides    .    .    .  n.  10,  4444 


lease  is  an  incumbrance  .  n.  1,  -i :;7". 

<  leneral  laws  inii-t  be 182 

man  laniruaLfc  taught.  .  .  .  4497 
I>uty  compulsory.  .  .  .  n.  3,  4497 
1  license  of  teacher, 

n.  11.  L3,    II--'");  n.  7,  4497 
Must     be     tau.irht     when     de- 
mand is  made  .     .  n.  '.».    1  I'.'T 
(  iovernor.  uieinberof  State  Hoard 

of  Education  ....        I  \'2n 

lirad.-d  -diools,  admission  of  pu- 
pils to  ...  n.  14.    1111 
Abandonment     of,     Tru- 

may        n.  •_"_'.    1111 

Buildings  for      lll'i 

Definition  of n.  11.    till 

Management  of n.  •">.  11  hi 

Pay  of  teacher  pi  .  .  .  n.  1".,  Nil 
Power  t<>  or-.ini/e  .  .  .  n.  14.  II 14 
Purcha-e  nf  land  for.  ...  111'! 
Title,  how  held llir, 

Tril-lee-  e-t:ibli-h  .  .      .  1111 

IJrant.    by    (  longTCSS,    of    the   >ix- 
•ith   >ertion.  was   a  con- 
tract   11.  6,  188 


H. 

doors 4500a 

.Highway,  taking  school   ground 

for  .    .        .  n.  «»,  4l:;s;  „.  5,  4608 

'lolidays,  teacher  pai<l  for    .  n.  6,  4501 

Falling  in  vacation  .    .  n.  41,  4501 

Public  policy  as  to    .    .  n.  38,  4501 

Houses,       adjacent      Township 

building  with  .    .    .  4olO  to  4512 
Appeal  from  location  of 

n.  5,  4499 ;  n.  6,  4498 

District  abolished    .      n.  6,  4 41  is 
Appropriation     of      school 

ground  for  highway    .  n.  5,  4508 

Bonds  for  in  large  city     .    .  4460 

In  city  or  town  4488,  4489 

Care  of          n.  16,  4444 ;  n.  2,  4510 
City  can  not  pay  for  out  of 

general  fund  .      n,  3  4447 

Civil  town  mav  build 

^Tla;  n.  1,  4471a 

Completion  in  city  or  town.  4488 
Condemnation,  proceedings 

for 4517,  4519 

Conditions  before  building 

in  city  or  town       ....  4491 
Control  of  Township  house 

within  town  .  .    .  n.  3,  4508 

County  can  not  build 

n.  3,  4444;  n.  1,  4514;  n.  5,  4517 

Custody  of  in  Trustee  .  n.  16,  4444 

.    Debts,  tax  to  pay      ....  4471 

Deed  for,  how  made   .    .  n.  1,  4511 

Disagreement  as  to  building 

by  Trustees  .    .    .  n.  3,  4517 

Doors  of  swing  out    ....    4500a 

Extra  territorial  .    .    .    .  n.  4,  4508 
Formation   of    town,    effect 

upon  ........  n.  2,  4508 

Fraud  in  letting  contract,  n.  4,  I">1 7 

Fuel  for_ n.  2,  4504 

.Janitor  for 11.  .'!.  loltl 

Pay  of n.  3,  4504 

Leasing,  Trustee  can  not.  n.  4,  4509 

Location  .    .    .    .  n.  9,  4444 

Appeal  from    .    .    .  n.  4,  5,  4  l'.'!» 

Change  of        44'.'!'a 

In   eminent   domain  pro- 
ceedings    .    .  n.  1.  1'>1 7 

U  for  Trustee  alone     .  n.  1,  4519 

Sectarian  school  in  public 

.-eln.nl    house  .  .   n.   6,  4  •'•»»'.  I 

When  unoccupied   .  n.  .">.  4">10 

When  TriMce  sell>.  n.  'J,  4511 
When  Tril-tee   deed-    to 

town  or  city     ...     4">1  la 
Within  limit-of  corpor- 
ation .  11.  6,   ll'.n>;  n.  4.  I- '.i is 
Mandate  to  compel  location. 

n.  6,  4499 


264 


SCHOOL    LAW    OF    INDIANA. 


H. 


Houses,  mechanic's  lien  for  con-  SEC. 

struction n.  41,  4444 

Petition  to  sell  4499 

Possession  of,  who  has  .  n.  1,  4504 

Removal,      optional      with 

Trustee.                   .      4499,  4500 

Repairing, 

n.  2,  4504  and  4504,  4499 

Voters  direct                  .    .  4499 

Sale  of,  when 4511 

School   Commissioners  may 

build                                 n.  2,  44(50 

School  house  not  owned  by 

township  ...              n.  21,  4444 

Site  for,  proceeding  to  ob- 
tain   .                         4517  to  4519 

Special  tax  to  build  in  city 

or  town  4490 

Surplus  special  revenue  in 

city  or  town- 4492 

Tax  for 4467 

Title  to,  how  taken       .    .    .  4508 

Conditional               .    .  n.  4,  4508 
When  township  changed 

n.  1,  2,  4508 

Transferred,    person    taxed 

for  .                .                  n.  4,  4438 

Trustee  locates  .  4444;  n.  4,  5,  4499 

Builds n.  2,  5,  4437 

Furnishes    ...          n.  10,  4444 

Use  for  religious  purposes, 

4509;  n.  3,  4509;  4510;  n,l,  3,  4510 
Abuse  of,  statutory    rem- 
edy                .              n.  8,  4537 
For  private  school  4509 
Report    of    Trustee    con- 
cerning   n.  1,  4509 

Voters  direct  repairs  to    .    .  4499 

Who  builds n.  2,  4517 


I. 


Illegal  design  in  contract,  effect 

of n.  49,  4439 

Illegal  rulings  of  County  Boards, 

n.  7,  8,  4436 

Illegal  rulings  of  County  Super- 
intendents       .        .      n.  28,  4425 

Illegal  issues  of  licenses  .    .  n.  12,  4425 

Indiana   University,    appropria- 
tions for.  .      n.  3,  4402 
See  State  University. 

Indigent  children,  books  for  .    .     4421 1 

Injunction    against   cutting  tim- 
ber.    4346 

Prosecuting  Attorney  brings 

action  for n.  2,  4346 


I. 

SEC.. 

Institute  (count;/},  allowance  for  .      4521 
Pay  of  County  Superintend- 
ent  .    .  .  n.  1,  4521 
Schools  closed  during  .    .    .       4522 
Sessions  of            ....  4523 
Institutes    (t<>trn*ftl])},   attendance 

compulsory    .        .    .    .  n.  3,  4520 
Manner  of  holding    .    .  4520 

Monthly  sessions 4520 

Pay  for  attending  .    .  4520 

Teachers  must  take  part  in, 

n.  2,  4520 
Trustee,  notifies  teacher  of, 

n.  1,  4520 
Trustee  pays  teacher  for  out 

of  special  school  fund  .  n.  4,  4520 
Interest,  accounts  of,  how  kept  .      4$27 
Board    of    County    Commis- 
sioners, looks  after    .    .    .      4399 
County  liable  for, 

4326,  4434 ;  n.  4,  4434 
County  Superintendent  may 

collect  .    .  4435 

Payments  of,  superintends.     4434 

Failure  to  pay  1383 

Judgment,  rate  on  .  n.  3,  4369,  4390 

Money     unloaned,     county 

pays  on n.  5,  4326 

Rate  of  .  ....  4369,  4393 

After   maturity   of    mort- 
gage ...  n.  12,  4392 
On  deferred  payments, 

n.  4,  4346;  n.  4,  4369 
Rebate  illegal  ...  n.  2,  4369 
Sinking  fund,  interest  of, 

distributed  ....  4487 

State     Superintendent    may 

collect 4326 

Trustee  may  receive  on  funds 

and  keep  .    .  n.  18,  4441 

When  Trustee  not  entitled  to 

on  fund  .  -  .  -  n.  4,  4440 
Investments  unsafe,  duty  to  .  n.  1,  4400 
Invest  defined n.  1,*185 


J. 


Janitor,  teachers  entitled  to   .  n.  3,  4504 
Duties  ........  n.  42,  4501 

Pay  of    ........  n.  3,  4504 

Joint  graded    school,    adjacent 

township  building  with  .    .       4513 
Establishment  ......  n.  1,  4446 

Management  .....  n.  2,  4446 

Title,  how  held  .....  n,  1,  4513 

Trustees  act  as  individuals, 

n.  2,  4446 

Judgment  against  Trustees,  dam- 
ages .......... 


4441 


INDKX. 


265 


Judi 

:: 


Judgment,    kind    in    actions   on 

loan  

Lien  on  land  held  hv  certifi- 
cate .    .  n.  1. 
Rate  of  interest  ii]. on    .    .  n.  3,  4.".iJ'.i 
Judicial   notice,    name  of  town- 
ship                       .    .    . 
icial  knowledge            .    .        I.I,  4437 
<  >l'    substitution    oi     sehoo* 

'ions.  .  .    .  n.  4,  4328 

sdiction  of  court-  over  -choo'l 

matters n.  3,  4537;  4429 

ice   oi'    iVace.    can   not  -erve 

u  Trustee n.  21,  4439 


K. 


4447a 


artens 

Knowledge  :md  learning  c--cn- 
tial  to  a  general  govern- 
ment   182 

Knowledge,  judicial.    .    .    .  n,  19,  4437 


Landlord,    Trustee  of   township 

i-  of  school  land-  .    .       4338 

Lands,   appraisement    for  school 

lion-., -s  .    .  4517  to  4519 

( 'oni:tv--ional    to  wnshi  p, 

mana<retnent  of       ....       4114 
Cu-tody  4328 

<  >i  divided  school  section, 

433<>. 

Divided  -chool  ,,.,-tion  .    .    . 
Draina-v  law.ctlect  upon,  n.  3, 
Inciiiiie,   report  of  Trustee    .        4328 
Lan.llord,  Trustee  has  pow- 
er of  4338 

Mijr ^  .      -J:;L".» 

Not  DUDJect  to  a— eminent  for 

drains n.  7. 

Sale  of.     See  sale. 

Selected  liy  the  Secretary  of 

try         .    .  n.  8,  4328 

Substituted    lands,    judicial 

notice  of,  .    -  n.    1. 

Ta  xin.ir  when  -old        ,     . 
Tim  her  land-,  conditions  as  to    4346 

re— ioiial    belong   to   in- 
habitants of  the  town-hip. 

n.  !»,  4325 
•ity.  Srho.,1    rommi-ion- 

1  i:,s 

Law.  coiniiion,  of  the  -chool.  i,.  11,  4505 

Law-,   repealed    .     .          .     .        n.   '_'.    I  Iv7a 

Repealed         n.    1.    41>7h 

( 'haiiLTe  in n.  '2,    1  17  1 

Chan-ed 44S2 


4375 

4111 


Laws,  publication  of  .   .    -    .4417,4418 

Leasin-  -chool  land  ,    .  4329;  n.  1,  4329 
1  tafl  lca>e  is  an  incumhrance. 

n.  1, 

;rin<_r.  State  Superinteixlent 
•  Iocs        ........ 

Leii-ali/iui;  Ix.nd-  ....  n.  (J.    1  l!'D 

Sale  of  lands.    .....  n.  1,  4:'«i7 

Surplus  special  school  revenue.  4  MS 
Legislature  mav  prescribe  dm 

of  officers  .      n.  lo.  4430 

To  provide  for  uniform 

tern  of  common  school-,  n.  7,  182 
May    prescribe    course    of 

study  .  .    .    .  n.  7,  182 

May   prescribe   books  to  be 

u'.-ed  .....  n.  7,  182 

Liability  of  officers    .        .      n.  17,  4505 
Of  officer  and  surety,  .    .  n.  10,  444<) 
Of  oflicer. 

n.  17,  30,  31,  4505;  n.  11,  4501 
Libel  of  County  Superintendent, 

n.  9,  4436 

Library  in  city  and  town  .  .    .  4460,  4524 
Bonds  to  construct  in  large 

city  .    .    4527d 

Commissioners  establish  .    .      4460 
Documents  for    ...    ...      4418 

Free  ......      4524 

Management  .......      443(i 

Realty  for    ........    4o27d 

Rules  for  .  ......      4524 

State  prison,  books  for  .    .    .      4528 
Tax  to  maintain  ,  4-rJl,  4~r>~>,  4-V_>7a 
Library  \imri,.<fiij>\  hooks  for      .       4-VJ7 
I  >i-trihution  of  books  for  .    .      4-VJ* 
Documents  .....      441S 

Families  may  use  .....      4531 

<  )pen.  when  '.        ......       4">:!3 

1'av  of  librarian   .    .    .    .  n.  1,  4532 

Place  where  kept    ..... 

Rule  as  to  use  of  .    .       4">:!O 

State  prison,  hooks  use  .  .    .        |.V_N 
Tax  to  support  .  .  n.  2,  4">l?7,  4533a 
Trustee    may    make    lew, 

when.  n.  1.'  2,  4633a 

In  city  of  :5i».000.  .    .     4-V_'7a 

Tru-tee  has  charge  of   .    .  4  ")•_".» 

Licen-e.  additional  n.   ]  ;i?  4425 

\ppli.-ant  for  co.idit  i<m«-d. 

n.  8,   1  1-J'J 
Appeal,  conc(  riling 

Certificate.  givingi]  .  :;.  -j:».  LM.  -i  i-j:> 

Ktr.-ct  of 
(  'ity  Superintendent  to  have. 

when  .......  „.  -J7.  41-J-) 

<  on-rc'ltiv        .....    n.    14,     1  I'J.") 

iiial  to  employment, 

n,  1,  4--.01,  4501 


SCHOOL   LAW   OF    INDIANA. 


SEC. 

License,  examination  for    ...      4425 
For  special  branches, 

n.  11,  13,  4425 
For  principals  and   high 

school  teachers   .    .  n.  24,  4425 
In  two  counties  .        .  n.  21,  4425 
Exemption  license,  Superintend- 
ent not  to  issue,  when,  n.  3,  4425 
Superintendent  to  issue,  when, 

n.  4,  4425 
Persons  holding  to  apply  to 

Trustee n.  5,  6,  4425 

License,  expiration  during  term 

of  school  .       -  4501 

German,    teacher    of    must 

have  -  n.  7,  4497 ;  n.  5,  13,  4425 
Illegally  issued  .  .  .  .  n.  12,  4425 
Illegal  ruling  as  to  .  .  n.  28,  4425 
Incompetent  to  teach  .  n.  19,  4425 
Judicial,  act  of  issuing  is 

n.  22,  4425 

Length  of  time  given  for     .      4425 
Liability  of  County  Super- 
intendent for  repairing, 

n.  22,  4425 

Life  License 4422 

Requirements  for  .  .  .  n.  1,  4422 
Limited  to  county  ....  4427 
Loss  of  certificate  of  .  .  n.  8,  4425 

Minors n  31,  4501 

New  list  of  questions  .  n.  18,  4425 
Principal  of  town  school,  n.  24,  4425 
Professional  .  n.  1,  4422;  n.  15,  4425 
Requirements  for  n.  3,  4422 

Record  of  ...  4428;  n.  2,  4428 
Revoking  ....  4426;  n.  13,  4426 
Illegal  .  .  n.  6,  4425;  n.  28,  4425 
Of  exemption  license  .  n.  11,  4425 
School  commissioners  may 

issue 4460,  4464 

Special 4502;  n.  10,  4425 

State  Board  grants  ....  442J 
Town  Superintendent  to 

hold  when  .  .  .  .  .  n.  27,  4425 
Vested  right  in  .  .  n.  2,  4420 

Licenses,    fees   from    belong  to 

county          n.  10,  4325 

County  Superintendent  col- 
lects, when      4435 

Liquor  licenses  .    .    .  n.  2,  10,  4325 
Lien,  gas  lease  is  on  land  .    .  n.  1,  4375 
Mechanics  will  not   lie   for 

work  or  material  .  .  n.  41,  4444 
Of  mortgage  not  recorded, 

n.  2,  4381 

Prior n.  3,  4375 

Tax  inferior  to  school  mort- 
gage    .    .    .  n.  4,  4383;  n.  1,  4380 
Liquor  license  fees   .    .    .  n.  2,  10,  4325 


SEC. 


Listed,  denned n.  5,  4498* 

Loan  abstract  of  title 4370 

Acknowledgments  and  oaths      4379 


4369a. 
.    .      4376 
.    .      4402 
4371,  4372 
.    .      4378 
.    .      4372 
.    .      4370 
.  n.  2,  4334 
.  n.  1,  4381 
4375 
n.  14,  4437 


Advertisement  for 
Affidavit  of  borrower 
Apportionment  of 
Appraisement  .... 
Of  mortgaged  lands 
Appraisers  .    .    . 

Auditor  makes   .    .    . 

Loaning  to  himself  . 
Bona  fide  purchasers  . 
Bond  to  protect  loan 
Authority  to  make  . 
Certificate  as  to  liens,  4375;  n.l,  4375 
As  to  indebtedness  .  n.  15,  4437 
Collection  on  default  ...  4383a 
Damages,  when  recoverable  4386 

Examination  of 4399 

Execution  against  borrower      4390 

Extra-territorial 4373 

Fees  for  making 4382 

Fund  specified     ....  4402,  4384 
Failure  to  specify,  effect, 

n.  1,  4381 

Inhabitants  of  county  pre- 
ferred         4373 

Interest  rate 4369 

Failure  to  pay .    .    .    .  4383,  4390 
Irregularity  of  .    .    -      n.  4,  4375 
Judgment     for    deficiency, 

form 4390 

Rate  of  interest  on, 

4390,  n.  3,  4369 

Liens 4375 

Bond     to     protect    loan 

against 4375 

Certificate  as  to 4375 

Gas  lease  is n.  1,  4375 

Priority  of 4380 

Without  record    .    .    .  n.  2,  4381 
Wife  may  borrow  money 

to  discharge  liens  .  .  n.  6,  4385 

Limit  4374,  4378 

Miscellaneous  account .    .    .      4403 
Mortgage,  canceling   .    .  n.  3,  4:>S1 

Form 43S5 

Fund  specified  .      4402;  n.  1,  4384 
Indorsement  on,  of  payment,     4389 

Recording      n.  1,  4381 

Registry  of 4380 

Release    of,    without    pay- 
ment,   n.  2,  4389 

Satisfaction  of 4389 

See  Mortgage. 

Note,  form  of 4386 

Fund  specified  in  ....      4402 

Sufficiency n.  1,  43S6 

Suit  on,  by  Auditor  .    .    .      4387 


oath  of  applicant  .       4:'.7'i 

Ainlitiir  may  administer  .       4:'.7!» 
( >ut>ide  county      .   .  \'.'<7:'> 

Pavmcnt  l>v  borrower*.    .    .      4388 

Auditor  must  not.   .    .  n.  1,  4388 

Made  to  County  Treasurer, 

n.  '2,  4388 

To  borrower    ....  4387 

Per-onal  security  can  not  be 

taken  for    .    .        .    .    .  n.  2,  4370 
Preferred  borrowers  ....      4373 

Prior  liens n.  3,  4375 

Purchase  money  retained  as,  4358 
f.^nu'tiis  on  payment  ....  4358 

Mate  of  interest      4369 

rd  of  murtgage     .    .  4380,  4381 
Report  of  County  Commis- 

uonen  on 4400,  4401 

Sale.     See  Sale. 

Satisfaction  of  mortgage  .    .      4389 

State  may  make 4405a 

Suit  for  deficiency     ....      4390 

To  recover  possession  4383 

Surplus  on  sale  ....  4392,  4394 
Tax  title,  priority  of,  to 

lien "...  n.  3,  4380 

Time  of 4:;77 

Title  papers 4370 

Void,  when  .  n.  2,  4334;  n.  1,  4370 
Warrant  to  borrower  for 

money      4387 

When  due 4383 

Where  may  be  made    .    .    .      4373 
tion  of  school  house   .  4499,  4499a 
Lotteries  for  schools  illegal,  n.  14,  4: :•_'•'• 
Lucrative      oilier,      city      school 

trustee  is   .    .    .    .    .    .  n.  1,  4439 

Town  school  trustee  is  .  n.  7,  4439 
City  councilman  IB  not  •  n.  •_'<),  4439 
City  clerk  is  not.  .  .  .  n.  82,  4439 

ptamv  of n.  :«,  4439 

Township  trustee  is  .    .  n.  11,  4440 


M. 


Mandamus,  application  of  school 

funds n.   11.  4325 

Approval  of  bond  .    .    .  n.  iM.  41'Jl 
Conveyance  of  school- 

bonae  ....  n.  1,  4508 

Delivery  of  hook-  to  BUG 

.     .     .  n.  6,    1U1.  ...   I-',,  4424 
Election    of   Trustees   com- 
pelled by n.  14,  4439 

L«'cati..n  of  school-house  n.   4,  4499 

Payment  of  claims  enforced 
by n.  7,  4  H2 


M. 


SEC. 


Mandamus,    proper     action     to 
compel    the   performance 
of  a  ministerial  duty,  n.  :\'2,  4444 
Records,  delivery  of, 

n.  if.  44.7.I;   n.  15,  4424 
Tuition,   application  of  se- 
cured by             .    .    .    .  n.  2,  4471 
Manual  training  schools,  estab- 
lishment of 4447d 

Regulation  concerning     .    .    4447e 

Tax  to  support 4447f 

Teachers  for 4447e 

Maps,   contracts  for  are   valid, 

n.  12,  4444 
County  Board  of  Education 

/  considers 4436 

Mechanic's  lien,  can  not  be  ac- 
quired   on    school-house, 

n.  41,  4444 
Meetings,    additional    branches 

determined  at.       ...      4499 

Annual,  held  ......      4498 

Cities  and  towns  have  none, 

n.  1,  4499 
Directors  elected  at  ....      4498 

Election  of  teachers  at  .    n.  2,  4444 

How  called 4498 

In  cities  and  towns  .  .  .  n.  7,  4501 
Legality  of,  how  settled  .  .  4499 
Location  of  school-houses, 

n.  4,  4499 

Notice  of 4499 

Notice  of  jurisdictional,  n.  11,  4499 
Petition  of,  to  Trustees  .  4499 
Protest  against  teacher  .  n.  4,  4501 
Repairs  to  school-house, 

directs 4499 

School-house,  may  ask  for  .      4499 
Studies,  determined  by    .    .      4499 
Voters  at  .    .  4498,  n.  1,  4498;  4499 
Meeting.  le<^al  calls  for,  n.  31,  4439 
Plurality  will  control    .  n.  12,  4499 
Mileage  of  Count v  Superinten- 
dent      n.  1,  4433 

State  Board  of  Education    .      4  l-M 
M'nor,    employment    of    as    a 

teacher n.  3,  31,  4501 

Residence  of   .   .   .   .  n.  2,  10,  4472 

When  of  age n.  1,  4  172 

Mi-application    of    funds,    who 

liable    .    .  n.  10,  4441;  n.  5,  4442 
Miscellaneous  school  fund,  how 

kept 4lo:-{ 

I>istribntion  of       4404 

Penalty  against  Auditor  as  to     4405 
Mistake,  correcting  in  Trustee's 

accounts  ....  4456,  n.  5,  4441 
Money,  conversion  by  school  of- 

'  ticers n.  3,  4440 


SCHOOL    LAW    OF    INDIANA. 


M. 

SEC. 

Monev.  no  authority  to  borrow, 

n.  11,  4437 

Due  school  fund,  can  not 
be  cut  by  legislative 
action  -  .  n.  2,  184 

For  rent  of  unsold  school 

lands      n.  3,     187 

Title  to  .  n.  2,  4440 

Month,  length  of  4495 

Mortgage,  action  to  cancel    .  n.  3,  4381 

Appropriations  for  deficiency  4394b 

Assignment   to    subsequent 

mortgagee n.  2,  4385 

Canceling  .  n.  5,  4385 

Description  of  land    .    .  n.  3,  4385 

Form 4385 

Fund  Specified  in 4402 

Failure  to  specify  in  .  n.  1,  4384 
Indorsement  upon     .  4389 

Interest,  rate  on  after  ma- 
turity   .        .  n.  12,  4392 
Lien  of,  prior  to  tax  lien,  n.  3,  4480 
Merger  of     n.  2,  4383 ;  n.  16,  4392 
Payment,  release  without, 

n.  2,  4389 

Presumption    as  to   owner- 
ship of  land n.  4,  4385 

Priority  of  .    .- 4380 

Reappraisement  of  lands  bid 

in  .    .  ....    4394a 

Recorded,  when  so  consid- 
ered 4380;  n.  1,  4381 
Registry  of    .    .  .  n.  2,  4380 
Release  without  payment, 

n.  2,  4389 

Satisfaction,  entry  upon.  n.  1,  4389 
Subrogation     o  f     purchase 

under  .       .....  n.  6,  4395 

Suit  on  note,  effect          .  n.  2,  4394 
Tax  title,  superior  to, 

n.  4,  4383;  n.  3,  4380 
Taxes  on  land  bid  in  .   .  n.  3,  4394 
Void,  when  .  n.  2,  4334 ;  n.  1,  4370 
Wife's  signature  .    .    .    .  n.  1,  4385 

Wife    may    mortgage    own 

land n.  6,  4385 

See  Loan. 
Music  may  be  taught 

n.  7,  4496;  n.  6,  4496 
License  for  teachers  of 

n.  11,  4425,  n.  7,  4497 
Trustees  may  requre  all  pu- 
pils to  study     .    .          n.  6,  4497 


Neglect  of  duty  by  Trustee,  pen- 
alty " 4452 

Night  schools 4447b 


N. 

SEC, 

Night  Schools — Con. 

Age  of  pupils .       ...  4447c 

Non-residents,  admission  to  schools, 

n.  3,  10,  4472  ;  n.  4,  4490 
Payment  of  tuition  tax  .  n.  4,  4490 
Normal.     See  State  Normal. 
Notes  in  borrowing  school  fund,     4386 

Fund  specified  in 4402 

Sufficiency  .  n.  1,  4386 

Notes,  authority  to  execute, 

n.  14,  15,  4437 

Bank  deposits.    .    .    .  n.  3,  14,  4437 
City  may  execute  .    .      n.  10,  4438 
Can  not  give  for  county 

seminary  n.  7,  4438 

Executed  by  Trustee  with- 
out authority  .    .    .  4438c 
Notes,  power  to  give     .    .      n.  8,  4441  ; 
n.  18,  19,  4444 
School  commissioners   may 

give  n.  2,  5,  4460 

Void,  when .  .    .      n.  12,  4437 

Notice  of  sale  of  land 4345 

To  teachers  of  institute  .  n.  1,  4520 
Numbering  school  houses    .    .          4494 


O, 


Oaths,  administering  ...      n.  1,  4539 
Of  applicant  for  a  loan   .    .      4376 
Married  woman  should  join 
her  husband  in  making, 

n.  2,  4376 

School  officer  may.    .    .        .      4539 
Officers,  de  facto,   contracts  with 
not  binding  when  parties 
have  notice  .    .  n.  23,  4439 

De   facto,     when    contracts 

with  are  binding    .      n.  43,  4439 
Women  may  be  ....          4540 
Elected  and  appointed   .  n.  4,  4498 
Settlement   with    Co.    com- 
missioners does   not  con- 
clude the  State    .    .          n.  4,  188 
When    answerable  in  dam- 
ages  .  n.  11,  4501 
Acquiescence  in  illegal  elec- 
tion of                           n.  44,  4439 
Oil  lease  is  an  incumbrance  on 

land n.  1,  4375 

Opinions,    County    Superinten- 
dent gives   ....  4429 
State  Superintendent  gives  .      4408 
n.  2,  3,  4408 
Orders,    without    consideration, 

void n.  17,  4437 

Fraudulent  issue  of    .      n.  16,  4437 
Conspiracy  to   defraud    in- 
validates       n.  37,  4444 


4423 

4484 


Barents  mn-t   sign    monthly  iv- 

port H.  10,    1  •"><'.". 

Matron-  of  <cbool.  petition  ,,f.    . 
Protc-t  au':iin-t  teacher    ,  n.  4, 
Sei  her-,   not    au- 

«thori/.ed  to  make  n.  -, 

oi    (  'iiy    ',r   Town    Superin- 
tend n.  1, 
County  Superintendent 
Siate  hoard  of    Education     - 
^^^                 ate   to   -chool    fund,    fail- 
ure to  make               .... 
Auditor    of     State     pay- 

county  .... 
Indorsement   on  certificate. 

-',  4389 
: -payments.    . 

Quietus  for       .    -  4301,  n.  11. 
hom  made 

Paul 

Penalties  Auditor  failing  to  re- 
port .    -    -      4-lsi 
( lounty  Superintendent  fail- 

„   to  report 41:11 

Trustee,  corrupt   interest  in 

contract  .  .  .  .  n.  13,  4444 
Einbe/./lcment  .  .  n.  3,  4442 
Failure  to  report  4  !•'><> 

.    .    .      41-",:; 

ect  of  duty.  4  1-VJ 

For    makinir    false    tax- 
list,  -tatute  construed 

n.  3,  183 

f   patrons    ....  H'.".i 

,11  land.  .    .    .  433!),    \:M\ 

When  DO!  'i.   1 -.    1  1^N 

Pleadinu-  must   be  definite. 

n.  7,  4437 
Policv  of    law  a-  to  -cbool    fund, 

n.  2,    188 
Poor  children,  book-  for.     .     .     .     4  I'.'t'.a 

ntv  commi--ioiiers    pro- 
vid«-  for  .    . 

Enumeration  of.  n.   1. 

Matron-  of  orphan  a-ylums 
dull  -    . 

•  f    Tril-tee.    coDure  — iolial 

lan.l>  n.  2,  4329 

Principals  of  -chool-.  Iieen-ini.r. 

_  n.    24,    1426 

Private     -chooK.     publM-     funds 

can  not  be  u-ed  for.  .  n.  4.  I'.n-.i 
l!e|M.rt  concerning:  n.  1,  '_'.  4'»U'.» 
Scbool-hoii-e.  iiM-d  for.  .  .  J.'.M'.I 

lioW   sel'Veil I-'..",''. 

Profe—  iolial    lice||-e    .      .  1  (•_'•"> 

Property,  title  to     .    .  n.   PJ.    1-I3S;   j:,o^ 
Conflicting    opinions   as  to 

useof n.  4,  4510 


IM'KX. 


269 


Property,  title  to,   sale  of  with- 

out'. effecl  .....      4:;c.7 

Tru-tee>  u-e  for  ......       44  !4 

Sells  when        .....        \->\  1 

Taken  adrift        ,        .  n.  4.  IV, 

Found  on  dead  bodies  .  n.  l-'i. 

ttorney,  action  for 
injunction,  brings     ,    .  n.  '_'. 
Investigate^  failure  of  title, 
Sues  Auditor  .    .      44<>5 

Suit-,  brin^    •  ...       4413 

Prote.«4  against  teacher     ....      4~><>1 

<  (pportunity  for  n.  4,    1"><U 

Public  otiicers  when  answerable 

in  dam:1  .       n.  11,  4501 

Pupil,     authority    of    teacher 

over  n.  :',,  4.  4  ••.«>.-> 

Oversell.-.,!  .    .  n.  :JL>,  4")i.H 

Corporal  pnnisiinient  of 

n.  8,  P-*.  :  :i4,  39,  4505 

Detention  after  school  hour* 

n.  -Jfi,    1  144 
Expulsion  of    .......  4"><)4; 

n.  1.  -2,  7,  <«.  1"»,  17,  is,  l'.».  22,23, 

24,26,  27,  _-.  29,  37,  38,  4'.<i.~, 

n.  1,  4.-.(l«; 

Immoral  or  lic<-ntious  .  n.  18,  4505 
May  be  >uspeiided  fortardi- 

......  n.  15,  4")()5 

c.railation  of  n.  37.   1  l::(.» 

Must     sulunit    to    necessary 

rule-.  n.  36,  4444 

Punishment  of.  SeeCorporal 

Punishment. 
Rights  of  teacher  to  inflict 

n.  8,  4505 

Refractory,  expelling.    .  n.  1. 
lli^hts  of  after  graduation 

n.  7,  4499  ;  n.  14,  4505 

Truant,  expelling  .  n.  2,  4505 

Purchase  of  land,  certificate  of  .     4363. 

4354 


4662 

4u70 


Right-  of  persons  making  . 
Purdue  I'niver-ity 

A-ricultural    College,   scrip 
. 

Amendment     <»r     repeal    of 
law.  a-  in  ........ 

Donation-  to  ....... 

Fund-  of.  bow  inve-ted    .    .       4<177 

Donation-  by       ...       4665 

Purdue,  .John,  privileges  of      4669 

Location  of.  ......         4666 

Name,  corporate,   of          4M7,  4668 
President,  appointment  of        4674 
Member      of       State 

Hoard  of  Education  .       4420 

i'.  -ale  and  investment  of      4664 

Secretary,  appointment  of  .       4674 


270 


SCHOOL    LAW    OF    INDIANA. 


P. 


Purdue  University — Con.             „  SEC. 
State    Chemist,    Prof,    of 

Chemistry  in 4898 

Students,   County   Commis- 
sioners appoint  two  .  4675 
Students,  number,  limited  .  4676 
Privileges  allowed        .  4675 
Treasurer,  appointment  of  .  4674 
Bond  and  duties  of    .    .  4674 
Trustees,    appointment    of, 

4663,  4671 

Term  of  office    ...  4672 

Vacancies,  how  filled   .  4673 

Q. 

Questions  for  examination,  how 

prepared     ...  n.  1,  4421 

Traffic  in 4421a 

Quieting  title,  when  can  not  be 

received n.  11,  4392 

Quietus,  Auditor  issues      .    .    . 

4361 ;  n.  11,  4392 

Repayment  of  loan      ...      4388 
Quo  warranto  proceedings.    .    . 

n.  41,  4439 
E. 

Races,  no  discrimination  between 

allowed    ...  .    .      4466 
Real  estate,  title  to  in  school  cor- 
poration    4508 

Reappraisement  of  lands  bid  in.    4394a 
Receipts,  record  of  kept  by  Trus- 
tee    4441,  4442 

Hecord,  appeals  .  n.  1,  4537;  n.  1,  4538 
County  Board  of  Education 

n.  2,  4436 
County  Superintendent    .    .      4428 

Deed .    .      4395 

Examination  by  County  Su- 
perintendent        4435 

Mortgage 4380 

Receipts    . 4441,  4442 

Sale  of  lands 4340 

School  Commissioners .    .    .      4462 

Trustees 4442 

State  Board  of  Education   .      4420 
Transfers  n.  6,  4473 

Recorder,  fees  for  making  loans.      4382 
Recovery    of    deductions    from 

school  fund  n.  6,  4325 

Redemption   of  forfeited  lands, 

n.  5,  4347 
Junior  incumbrances  can  not 

n.  8,  4392 

Sale  of  school  land  .    .    .  n.  5,  4347 
Refractory  pupil.     See  pupil. 
Relator,  Attorney-General  may 

be n.  3,  4326 


R. 

SEC. 

Religious  belief  not  a  subject  of 

inquiry n.  2,  4493 

Removal    of    County    Superin-  SEC. 

tendent 4424 

Director 4498 

Scholar 4505 

School  house 4499,  4499a 

Teacher 4501 

Trustee 4456 

Rents,    deduction   from    tuition 

fund 4328 

How  paid     . 4329 

Liability  of  county  for  .  184  to  186 

Payable  in  advance  ....  4329 

Report  concerning     ....  4328 

Repairs,  voters  direct 4499 

See  Houses. 

Reports  (of  County  Auditor] — 
Auditor  to   State   Superin- 
tendent    ...        ...  4478 

Contents  of          4479 

Failure  to  make  .    .    .  4404,  4481 
Concerning  school  funds  .    .  4398 
County   Commissioners   ex- 
amine     4399 

Division  of  funds  of  divided 

township 4336 

Names  of  Trustee  and  County 

Superintendent    .    .    .  4424,  4440 
Revenue  for  apportionment, 

4478,  4479,  4486 
Reports  (of  County  Commissioners) — 

Condition  of  funds   ....  4400 

Recorded 4401 

Reports  (of  County  Superintend- 
ent)— 

Annual 4431 

Apportionment 4432 

Basis  of  Apportionment  .    .  4432 

Contents 4431 

Enumeration      4431 

Financial  and  statistical  .    .  4450 

License  granted ......  4429 

Statistical                .....  4481 

Transfers.                4468 

Reports  (of  Slate  Superintendent) — 

To  Governor 4408 

To  Legislature 4410 

May  require  reports  of  offi- 
cers      4414 

Reports  (of  teachers) — 

Contents 4449 

Must  make      .......  4449 

Parent  must  sign  monthly, 

n,  10,  4505 

Penalty  for  not  making    .    .  4449 

Private  school 4509 

Reports  (of  transfers) — 

Must  be  made 4473 


IM'KX. 


271 


Besi£ 


xeport-  ••(») — 

Animal 444:; 

Contents       4441 

Copy  tiled  with  County  Su- 

perintendttit 441! 

.iity   Commiauonen  ex- 
am ine 4:;:''.<:  n.  \'2,  44-11 

Enumeration  .    .  447-"),  447*. 

Financial  and  statistical,  4441,  4450 

Income  «.f  lands     .    . 

Penalty  for  failure  to  make.       44~>1 

School  land 4328 

To  County  Superintendent  .       4  \~>* 
Re-sale  of  forfeited  lands.    .  n.  1,  4347, 

4:1, 4  1 

Ke-idence    of   County   Superin- 
tendent .    -  n.  «;.  44-J4:  n.  1,  4-",4" 
Children  enumerated,  n.  2,  3,  7,  4  17  J 
City  or  town  school  trustee, 

n.  4. 
Situation  of  teacher   .    .    .  n.  S.  41  !' 

Trustee n.  :',. 

Revenues  accounted  for  by  Trus- 
tee  ."    .    .    . 

Anticipating.  444'J  ;  n.  1,  447<>:n.  8, 

4441 

Apportionment.    See  Apportion- 
ment. 

I  >i-tril»ution  of,  to  counties.   .    .      4484 
Division  on    formation    of  town. 

n.  4.  41:;s:  „.  2 
Revenue-,  division  between  city 

i  township.    .  n.  8,   1  1:  - 

Disposition  of  Mirplus  spe- 
cial school  •  .... 

Dog  fund.     See  Dog  Fund. 

K.piali/ation  <  Con- 

stituted .  .  n.  ::.  -!:;•>;  n.  1,  4486 

Anx.ni:  civil  townships,   n.   5.   4328 

Lands  of  surplus  fund,  how 
-.old 

Right  of  new  town  to  part  of, 

•",  4441 

Pled-'-d  iinpliedly.     .     .  n.   31. 
Local  tuition,  how   applied  .    i 

ial  -ehool.         

State's,  how  paid  .  .  .  .  n.  I'. 
Surpli^.  special  x'hool.  4147. 
Tuition  revenue  .  .  .  .  n.  L*.  4  1  !'_' 

n.  '_'.  4 44-J 

1 1  ion  of  tea.-her's  license. 
of  exemption   license,   n.   6,  44'J  1  , 
n.  11,  4426 

Ilh-iral    pra.-tici-    in  ...  n.  '.'.  4  1  •_'•"> 

Sec  lieen-e. 
Rule-  and   regulation-,  adoption 

of  .n.  24,4444,  4400,  n.  30,  4-'.oi 

Power  as  to n.  L>(.».  4111 

Validity  of n.  !«.»,  4439 


R. 


Rules  and  regulations — Con. 

Reasonableness  of,  n.  30,  44.'5!'  and 

n.  :;<).  4444;  n.  »i.  40n.5 

Authority  to  adopt,  n.  :54,  44:;H;   n. 

34,  4505 

Of  suj)t.  or  teacher,  binditiir 

on  pupils  .    .    .  n.  :;•"),  4439 

Students  must  submit  to,  n.  36,  4444 

S. 

Sale  of  mortgaged  lands  ....      4392 
Amount  due,  sale  for  more 

than         .        n.  7,  4392 

Appraisement,    more    than 

one n.  2,  10,  4392 

Appropriation  to  meet  de- 
ficiency 4394b 
Amount,  sale  for  more  than 

due n.  4,  4393 

Bid   in   by   Auditor,    when 

4393 ;  n.  3,  4393 

<  a-.li,  sale  is  for  ....  n.  1,  4393 
Construction  of  statute  .  n.  6,  4392 
Credit,  when  can  only  be 

made  upon 4393 

Deed  for          4395 

When  unnecessary  .  .  4397 
Division  of  lands  sold  .  n.  9,  4392 
I>utv  of  Auditor  in  making, 

n.  3,  4393 

Law  governing  .  .  .  .  n.  1,  4383 
Manner  of  making  ....  4392 
Merger  of  mortgages  in  .  n.  2,  4383 

Notice  of n.  1,  3,  4391 

Offer n.  3,  4393 

Parcels,  sale  of n.  9,  4393 

Payment  of  bid,  to  whom,  n.  4,  4395 

Portion,  sold n.  5,  4392 

Power  to  make n.  1,  4392 

(Juk-tinu:  title  ...  n.  11,  4392 

Re-appraisement. 4352;  n.  2,  4393, 

4394a 

Record  of  deed 4395 

Redemption,  junior  incuin- 
brances  can  not    .        .  n.  7,  4392 
ilarity  of    .    .        .       n.  4,  4392 
Reimbursing  county    .    .  n.  4,  4393 
Several  tracts,  how  sold  .  n.  9,  4392 
Statement    and    record    of 

4396,  n.  1,  4396 
Statute  must  be  strictly  fol- 
lowed      "     n.  1,  4383 

Subrogation  of  purcha- 

n.  6,  4395 
Suit  for  deficiency  .    .    .  n.  4,  4390 

Surplus 4392; 

n.  2,  4393,  4494 ;  n.  3,  4,  4347 
Terms  .  4393 


272 


SCHOOL    LAW    OF    INDIANA. 


s. 


Sale  of  mortgaged  lands — Con.         SEC. 
Title  of  purchaser  not  war- 
ranted .    .  n.  3,  4483;  n.  5,  4395 

When  made        4383 

Sale  of  school  lands              .    .    .      4345 
Appraisement  by  Trustee    .      4344 
Reappraisement                 .      4352 
Reappraisement    of     for- 
feited lands   .     .    .  4352b 
Appropriation   by  commis- 
sioners      4352c 

Auditor  gives  quietus  .    .    .      4361 
Auditor  and  Treasurer  con- 
ducts 4345 
Ballots  used  in  voting  upon      4341 
Board  of   County  Commis- 
sioners, orders  .  4345;  n.  1,  4345 
Certificate  of  result  of  elec- 
tion          .    .               .    .      4353 
Purchase    .    .    .4353;  n.  1,  4360 

Assignment 4356 

Defective 4357 

Purchase  deed  open  .    .    .      4357 

Effect 4353 

Lost 4360 

Recording 4353 

When  delivered     .    .    .      4353 
Deed,  how  executed          .    .      4365 
Assignment  of  certificate.      4357 
Not  executed   until   full 

payment 4358 

Recording       4363 

When  issued  .  .  .  4353,  4363 
Election,  as  to  ...  4339  to  4344 
Estopped  to  claims,  sale 

void n.  1,  4454 

Fees  of  Auditor  and  Treas- 
urer            4345 

Forfeiture  and  resale    .    .    .      4347 

Effect n.  4,  4347 

How  prevented 4347 

How  made  .    .  ....      4345 

Injunction  to  preserve  tim- 
ber              4346 

Legalized   .    .    .    .  4364;  n.  1,  4364 
Minimum  price  .    .    .  4344 

Notice  of  election,  for  .    .    .      4339 

Of  sale 4345 

Order  for 4344,  4345 

Over-plus n.  3,  4347 

Payment  made  at  any  time.  4359 
Deferred,  when  reported.  4346 
Indorsement  of,  when  4362 

Penalty  for  failure  to  make     4355 

When  made        4361 

Petition  for  election      .  4339 

Recording    .    .        -      4340,  4366 
Resale,  not  necessary,  for 

n.  3,  4344 


Sale  of  school  lands — Con.  SEC. 

Sale  without  election  .  .  4366 
When  necessary  .  .  .  n.  2,  4339 
Withdrawing  venue  from 

n.  1,  4366 
Sale  of  school  lands,  possession 

after  sale  ...      4354 

Petition  not  necessary  when 

n.  3,  4344 
Private,  by  Auditor,  when, 

4351,  n.  1,  4351 
Purchase  money  is  a  loan, 

when 4358 

Purchaser,  possession  by .    .      4354 

Enjoined,  when ....      4346 

Rights  of,  if  title  fails  .      4367 

Waste,  when  liable  for .      4349 

Quietus  4361 

Receipt  of  purchase  money  .      4361 

Purchase  money  in  full      4362 

Re-appraisement 4394a 

Redemption n.  5,  4347 

Resale,  how  made 4344 

Surplus  ....      4347 

When  made    .    .  4347 

Result  of  election,  majority 
vote  ....  ...      4342 

Rights  of  purchaser  .  .  4354 
Surplus  revenue  lands,  of  .  4368 
Taxation  of  lands  sold  .  .  .  4364 

Terms  of 4346 

Timbered  lands,  conditions 

as  to  ...      4346 

Title,  when  complete    .    .    .      4365 

Failure  of  procedure    .      4367 

When  vests  in  State,  n.  1,  4344 

Treasurer's    and    Auditor's 

duties       4345 

Trustee's  duties 4344 

Vote,  when  necessary  .  .  .  4339 
When  not  necessary  .  .  4366 

Waste,  suit  for 4350 

When  Auditor  may  proceed 

n.  6,  4383 

Where  takes  place  .          n.  2,  4345 
Sale  of  lands  bid  in  by  Audi- 
tor ...  .    .   .  4393,  4394 

Deed  for,  to  purchaser .    .    .      4395 
How  made  .    .  .    .      4394 

Statement  concerning  .      4396 
Surplus  n.  5,  4393 

When   title   vests   in   State, 

4397,  n.  1,  4344 

Saline  Fund 183,  4325 

School  Commissioners,  Board  of 

4457  to  4464 

Bonds,  issue  and  sell  .  .  .  4460 
Library  bonds  ....  4527d 
Official 4457 


IMH-X. 


273 


iool  Coi. nn'r-.  lid.  <»f— Con. 
(  ertifiiate  «>f  member  .  . 
I>i-tricN.  may  change  .  . 
Duties  and  powers  .  .  . 
Election  <»f  .  


SEC. 

1459 

4460 
1  157 

Library.  e-tal>li-hes  .    .  4460,  4-Vj7a 

ILicen-e  dl  teacher,  issuing  .  4460 

Loans,  may  make  .....  1  l'>  1 

•intr-  :i'f  ........  41«;j 
Notice,  may  give    .    .  n.  2,  5,  4460 

Oati,                         ......  4157 

Organization  of  ......  41-V.i 

none  .......  4  1»;-J 

Poll  tax,  cannot  levy.    .  n.  1,  -HCt) 

I'l.-identof    .......  5459 

•            eipl  to  County  Treasurer.  4~»:27h 

Question  on  .......  4  •">•_'  7  <• 

Kecord,  keep  .......  4462 

Kules  and  regulations,  adopt.  4460 
School  hon-es,  maybuild.  n.  2,  4460 

School  law  governs   ....  4463 

Secretary  and  Treasurer  of.  4459 
Superintendent,       appoint- 

ment of  .....    ....  4460 

W  levy  ........  4460 

How  collected  for  .   .    .    .  4461 

Teachers,  employ  .....  4460 

Term  of  office  ......  4459 

Trea-urerof        ......  4459 

<.ivesbond          .....  4460 

Vacancies,  bow  filled   .    .    .  4459 

School  corporation    ......  4438 

nnr  of  ........  4437 

School  corporation,  city  is  ...  4438 

Proee-s  on   ........  4536 

Town  is    .........  4438 

School  director,  election  of.   .    .  4498 

Appeal  from   .......  4506 

Appointment    by    Trustee, 
when.  .    . 

.u-ionof  pupils  by,  lim- 

ited ..."      .   . 

Fuel  and  repairs  provides. 

Piv-ident  <.f  -cho.d  meeting, 

' 


4498 

4606 

4504 


4498 

l.~,n| 

4499 


>val  of,  how  .... 
School  hou-e.  has  charge  of. 
Trustee,  communicates  with. 

nci.  -  in  oilice  of  .    .    . 

Violations    |,y  ...... 

School   hoil-e.        See    I  lollSC. 
School  lands.      See  Lands. 

See   Law-. 
School  section,  divided  by  town- 

ship lines  ........      4330 

Owner-hip  ......  n.  9,  4325 

SuK.-timte  f.,r  .......      4330 

•irts    do  not  take  no- 

tit  e  of  .......  n.  4,  4328 


SEC. 

-upplies,  nece-sary  aver- 
ments  in  suit  to  recover 

tor n.  13,  4437 

School   supplies,    township    not 

liable  for,  when.    .    .  n.  39,   4444 
Delivery  and  acceptance  of, 

n.  40,  4444 
See  Land-. 

School  Trustee,  ZWM&tpZhutoeifl    4438 
Accounts  and  receipts  .    .    .       4441 

Corrected 44.">»> 

Examined 4454,  4450 

Advancing  funds,  reimburse- 
ment. ....  n.  15,  4441 

Annual  report  of 4443 

Anticipating  revenue.    .  n.  1,  4442 
Apparatus  lor  schools,  fur- 
nishing.       . 4444 

Appeal  from  .    .  ...      4537 

Assessment  of  damages  .  n.  7,  4441 
School  Trustee,    bond   and   ap- 
proval .    .  4439,  4440;  n.  1,  4440 
Action  on,  who  may  bring 

n.  13,  4441 
Authority  to   incur   debt — 

Trustee  has  none .    .  n.  3,  4329 
Failure  to  give   .    .    .  n.  15,  4439 
Books,  when  subject  to  ex- 
amination       4454;  n.  6,  4442 

Correcting n.  1,  4456 

See  Books. 

Borrowing  money  ....  n.  19, 
20,  4444;  n.  8,  4441 
Contracts  .  .  .  n.  10,  4439;  4438a 
Correction  of  books  of  .  n.  1,  4456 
County  Superintendent 

elects 41:24 

Custody  of  school  property 

n.  16,  4444 

Debt,  power  to  incur    .    .    .    4438a 
Director,  appoints,  when  .   . 

4498;  n.  2,  4498 

Discretion  of n.  1 1. 

Duties 4441,  4444 

Afl  to  election I  ::'.'.» 

As  to  revenue 411- 

,'lectof 41-VJ 

Educational      affairs,     has 

chartre  of 4  1 1 1 

Election  of n.  S,  4l::s 

Kliiribility  of.    .    .  n.  8,  411<» 

Enumeration,  must-make    .       417:2 

Knnmeratiou. 
Expenditures,      record     of 

keeps  .  4441  to  441:; 

Fine,  for  failure  to  serve.     .       4  !•">.'> 
<  traded  .-chools,    may  estab- 

li-h ".    .    .    .      4114 

Illegal  design  of.    ...  11.  48,  4439 


18 — SCHOOL  LAW. 


274 


SCHOOL    LAW    OF   INDIANA. 


s. 

School  Trustee— Con.  SEC. 

Independent  of  Town  Trus- 
tees .....  n.  3,  4441 
Injunction,  may  bring  .  4346 
Joint    graded    school  with 

city  or  town 4446 

Lands      of      Congressional 
Township  accepts    .    .  4328,  4444 
Cannot  lease  without  di- 
rection of  voters  .    .  n.  2,  4329 
Lands,  duties  as  to        4328  to  4368 
Leases    land   of  Township, 

4329,  4330 

Levies  tax  to  pay  debts  .  .  4471 
Liability  to  teachers  for  pay 

of  ."n.  1,  2,  4441 ;  n.  3,  4486 ;  n. 
2,  10,  4510 
For   error   of    judgment, 

n.  28,  4444 
Officers  de  facto,    cannot 

deny n.  17,  4441 

Under  act  of  1883  .    .  n.  5,  4438c 
Library,  has  charge  of  ...      4529 
Loans,  power  to  bind  Town- 
ship for  .    .    .  n.  8,  4441,  4438a 
Petition  concerning  4438b 

Mandate  to  compel  delivery 

of  books.  n.  6,  4441 

Member   of   County   Board 

of  Education 4436 

Member   of    Town   or  City 
Board  employed  as  teacher, 
vacates  his  office    .    .  n.  27,  4501 
Misdemeanor,  for  neglect  of 

duty n.  4,  4442 

Mistake  in  settlement.  .  n.  5,  4441 
Mixing  funds  ...  n.  16,  4441 
Must  contract  as  officers,  not 

as  individuals  .      n.  9,  4501 

Name  of,  reported  to  State 

Superintendent  ....  4440 
Neglect  of  duty,  liability  .  4452 
Notice  of  days  for  business  .  4438c 
Notifies  teacher  of  Township 

Institute n.  1,  4520 

Numbers  schools 4494 

Office  of  lucrative  .  .  .  n.  7,  4439 
Officer  de  facto  .  •  n.  4,  4441 
Over-payment  to  successor, 

recovery        n.  14,  4441 

Owns  school  funds,  when,  n.  18,  4441 

Pay  of  .    .    .        .      4431) 

.  Penalty,  liable  for  ...  n.  7,  4441 

Petition    for  sale   of    land, 

records  .  .      4340,  4366 

Powers  over  schools  n.  1,  4444 

Property,  has  care  of    ...      4444 

Sale  of  by  .      4511 

Record  of  his  proceedings    .      4441! 


S. 

School  Trustee — Con.  SE<X 

Of  employment  of  teacher 

n.  3,  4501 
Refunding    to,    Legislature 

may n.  19,  4441 

Removal n.  6,  4439,  4456 

Reports  to  County  Commis- 
sioners   ....  4441  to  4450 

Contents 4441,  4450 

Copy,    sent  to    County 

Superintendent  .    .    .      4441 
Failure  to  make    .    -          4451 
Files  with  County   Su- 
perintendent    .  4441  to  4450 
Lands  of  township,  con- 
cerning          4328 

Teachers  to  make  to     .      4449 

Transfers 4473 

When  to  make  .  .  .  n.  2,  4443 
Revenue  for  tuition,  duties 

as  to 4442 

Former  acts  legalized  .  4448 
Schools,  establishes  ....  4444 
School  house,  contracts  for 

n.  3,  5,  4437 
Deed  for  executes .    .    .      4511 

Numbers 4494 

Sells 4511 

School  township,  trustee  of 

is  i 4438 

Special  revenue,  manages   .      4445 

Special  tax  levies 4467 

Suit  against,  4430,  4441 ;  n.  4,  4437 
Brings  against  predeces- 
sor   n.  4,  4437 

Tax,  annual  levy,  makes    .      4469 
Special  levy  to  pay  debts    4471 
Teachers,  employs  .    .    .  4444,  4501 
Dismisses  on  petition    .      4501 
Himself,  can   not  em- 
ploy as  .   .  n.  5,  4444 
Terms,  extending  .    .    .  n.  16,  4439 
School  Trustee,  title  to  township 

money,  has n.  2,  4440 

Transfers,  report  .....  4473 
Tuition  revenue,  receives  .  4441 
Vacancy  in  office,  how  filled, 

n.  5,  4439,  4440 
Voting  for  himself,  can  not, 

when n.  18,  4424 

Vouchers,  returns  with    re- 
port   4441 

School  Trustees,  Board  of  (city 

and  town. ) 4439 

Abolishment  of  office  of, 

n.  12,  4439 

Act  as  a  unit  .....  n.  18,  4439 
Allowance  of  claims  .  n.  17,  4439 
Accounts,  must  keep  .  .  .  4431 


s. 


4439 


4439 

4501 

4111 
4439 


ustees  —  C»n.  SEC. 

Board  of  .    .  443<>,  4440;  n.  1,   4488 
<  'ity  has   .........       4  I:','.' 

Duties  ..........      4l::n 

Election  of  ........      4l:;<,> 

Tii-  vote     ......  n.  8,  44:',l» 

Election  of,  time  of  n.  2,  4439 

Employment  of  Trr.>u  . 

teacher  n.  2i>,  41:;;) 

<iraded  -chooU,  e-tal>li;-h  .  4444 
[ndependent  of  council.  n.  .'>,  4441 
.Joint  graded  -cliMol-,  estab- 

lish   .......  444<! 

Liability  of  for  bonds  n.  4,  4488 
Mamlainns  to  compel  elec- 

tion <if  .  n.  14,  4439 

Mi-application  of  fund-, 

n.  ID,  4441;  n.  5,   4442 
Old  hoard  may  bin-  teachers 

for  new  .  .,."•_',  4445;  u.  1*.  4439; 
n.  3,  4510;  n.  7,   4114 
Organization  of  .   .   . 

Pay  of  members  .  4439;   n.  4, 
President  of  .   - 

•  rd    of   employment  of 

teachers       .....  n.  3, 

Reports  to  County  Commi-- 
lers  ......... 

lence  of  members    .  n.  4, 
.nation  of  members, 

n.  :;.  44:5'.);  n.  6,  4440 
ol  Superintendent    em- 
ploy .......       441". 

Btary  «.f    .......      44:!'.) 

ial  revenue,  manage    .     4445 

Suit  «ni  Tiva-urer'-  bond. 

n.  14,  4439 
rm  of  oiliee    .....         4439 

Intending  .....  n.  1<>,   4439 

Treasuivr  of    .......       4  l:','.» 

Vacancies         .......       4439 

School-,     abandoning.      Tru-tee 
may  .  .     ...  n.  88, 

Attachment  to.  when  m:,dc. 

Changing,  when  allowed     . 

City  exempt  from  control  of 

County  Superintendent     . 

Colored  children  entitled  to 

n.  1  to  1,    II'.'.; 

I  >i-eriminati<>n  ...  n.  '•'>.  1  I'.'i'. 
KntWcement  of  .  .  n.  'J">.  •_'•;.  Ill  1 
Holl-e.  See  hoii-e. 

Janitor  for  .    .    .    .  n.  :i.  4">nl 

Kindergartens        .....    44  17a 

Land.      See  land. 

lion  of      .......  4  11  1 

Manual  training    .....  44  I7d 

Ni.irht    .........  44471. 

Number  of  ........  4444 


4111 
1  1,  2 

4172 

4429 


S. 

Schools— Con.  SEC. 

Regulations  for,  enforcement  n.L'4, 

4444;  n.  1,  4oOl,  1  l»io 
State  institution-        .    .    .  n.  1,   182 
Terms  must  be  equal  -    .  n.  1. 
Tuition.     See  tuition. 

Schools,  uniform,  iiiu>t  be.    .  n.  8,  182 

School  year  begins,  when  44'.t(.» 

Seal.  State  Superintendent  uses  .  44JO 
Stale     J>oard    of    Education 

has                    4420 

Seminary  fund  belongs  to    .    183,  4325 
Settlement  between  commissioner 
and    county    officers    does 
not  conclude  the  State,  n.  4,  188 

Sinking  fund,  interest  distributed  4487 

Special  tax,  leTymnst  be  made,  n.  3,  4490 

State  not  liable  to  county   .    .  n.  12,  4325 

State  Board  of  Education  formed  4420 
Books,  select.     See  books. 

By-laws,  may  adopt  ....  4421 

Duties  of          4421 

Expenses  of 4  r_':i 

Members  of .    .  4420 

Meetings  of 4420,  4422 

Orders  carried  out  by  County 

Superintendents     ....  4429 

Pay  of  members  of   ....  4423 

President  of UL'O 

Record  of 4  IL'O 

Seal  of 4420 

Secretary  of         4420 

State  Cniversity,  Trustee  of, 

appoints 4565 

Teachers'  certificates,  grants  4422 
State  Normal — 

Agent,  pay  of         4560 

Appropriation  for      .... 
Buildinir,  contract  for  .    .    .  4548 
Christian    morality   to    con- 
trol   ..                             .    .  4-V.3 
Fund  for,  how  obtained  .    .  4 •"••")•; 
Located  at  Terre  Haute  .    .  I"- 17 
Model  school  to  be  organized  I "» I'.i 

Pre-ident  of 4">1"> 

Member  State  Board  Ed- 
ucation                ....  4 1'Jo 
Pupils,  admis-ion  of      ...  l-V)] 

Certificates  to 4  ">•"•: 

Diplomas  to 4-V>7 

Reports  to  General   Assem- 
bly              4554 

To  Governor 4V.  [ 

Secretary  of              4546 

Sectariani-m  forbidden     .    .  4 •">•">:; 

Trea-un-r  of 4.". }.", 

Pay   ,,f 4-V.O 

Trustees,   studies  prescribed 

by 4-V>u 


276 


SCHOOL    LAW    OF   INDIANA. 


S. 

State  Normal — Con.  SEC. 

Governor  appoints     .    .  4543 
Trustees,  instructors  elected 

by.    ...  4550 

Organization  of 4545 

Pay  of                             .    .  4559 
Trustees,  proposal  for  dona- 
tions   4546 

Term  of  office  of   ....  4544 

Vacancies  in 4544 

Tuition  free                ....  4552 

Visitors,  and  their  pay    .    .  4555 
State  University — 

Alumni  elect  a  Trustee, 

4566d  to  4566g 

Agricultural  department  in.  4590 
Appropriation,  annual,  for.  4660 
Books  from  State  Library  to  4593 
Building  and  repairs,  com- 
mittee of .               ....  4588 
Establishment  of               .    .  4561 
Faculty  of,  lectures  by.    .    .  4583 
Buildings  cared  for  by.    .  4588 

Powers  of 4571 

State  Geologist  is  a  mem- 
ber of  4954 

Vacancies  in 4568 

Fund  of,  how  derived  -    .  4595 
Borrower  of,  abstract  made 

by 4604 

Accounts  with    ....  4620 
State  Auditor's  warrant 

to              4605 

Endowment.            ....  4661a 

Application 4661b 

Bond  of  State 4661  c 

Loan  of  State.       .    .    .  4661d 

Mortgage 4661e 

State  may  borrow  .    .    .  4661  f 

Tax  for 4661a 

Loan  of 4596,  4621 

Interest  on          ....  4600 

Judgment  for.    .    .        .  4609 

Liens,  certificates  as  to.  4603 

Limit  as  to 4599 

Mortgage  to  secure    .    .  4597 

Form  of 4597 

Priority  of 4601 

Kecording  of      .    .    .    .  4602 

Satisfaction  of        ...  4607 

Note  for,  form  of  ....  4598 

Payment  of 4606 

Restrictions  as  to      ...  4599 
Unpaid,  how  collected.    .  4608 
State  Auditor's  pay  for  man- 
aging                  4624 

Treasurer's  pay  for  man- 
aging   4629 

Payments  to 4606 


S. 

State  University — Con.  SEC. 

Receipt  of               .   .    -  4606 

Geological  examinations.    .  4584 

Lands,  how  cared  for  4622 

Appraisement  of.          4633,  4634 

Certificates  of  entry  of.    .  4642 

Lands,  assignment  of    ...  4642 

On  cash  sale 4616 

Patent  on 4623 

Purchaser  gets  ....  4640 

Record  of            ....  4641 
County    Auditor    sells, 

when     .    -           .        .    .  4635 
Lands,     County    Auditor's 

pay  on  sale 4653 

Registers  certificate  .    .    .  4641 

Report  by,  as  to 4650 

County  officers'  duty  as  to  4659 
County  Treasurer's  pay  for 

sales.  .  .  .  4653 
Reports  by,  as  to  .  .  .  .  4651 
Extension  of  payments  on  4630 
Forfeiture  prevented.  4631,  4645 
Money,  how  paid  ...  4626 
Notice  of  sale  of ...  4610,  4636 
Patent  issued,  when  .  .  .  4649 
Pay  of  Commissioners  .  .  4627 
Payment  to  State  Treas- 
urer .  .  ...  4652 
Purchase  by  Auditor, 

when 4612 

Purchaser  secures  against 

waste    .    .           ....  4647 

Recording  and  patents     .  4628 

Redemption  of           ...  4646 

Sale,  place  and  manner  of  4637 

Certificate  for  deed    .    .  4616 

Credit  for  interest,  how  4617 

Fees  and  damages     .    .  4618 

Forfeited  lands,  of    .    .  4632 

Mortgaged  lands  of   .  4611 

Overplus,  disposition  of  4613 

Proceeds  of 4655 

Report  of                    .    .  4656 

Re-sale  by  Auditor   .    .  4612 

Statement  of 4614 

Terms  of  -    .            ...  4638 

Trustee  must  attend  .    .  4657 
Surplus  to  forfeiting  pur- 
chaser ...           ...  4644 

Title  to,  how  evidenced  .  4642 

Reverts  to  State,  when  4643 

State  in,  without  deed  4615 

Trustee  attends  sale      .    .  4657 

Lands,  can  not  buy  .    .  4658 

Unsold,  subject  to  private 

entry 4639 

Lease  of 4624 

Waste,  liability  for  ...  4648 


IM'KX. 


1^77 


4-V»r,d 
4~>7i! 

4585 


4">'.f_> 

-i"i7:'. 
4~>'.i4 
i">7  1 

-1"»7'J 

4»>»>la 
4-V.-J 
4676 


rnivei-sity     <'••». 
MineralogicaJ  collection  . 
il  department  of.    .   • 

I'nir,  iiinary  lands 

tO   .  "... 

•  ry  <>f  alumni  .... 
:oiis  qualification,  none 
rt,  annual,  of  Trustees 
Printing  of  .        .  .    . 

Supt.  Public   Instruction, 

to  . 

holar>hij»s  t  ran-ferable     . 
Perpetual.  fee  for  .... 
retarv,  election  of    .    .    . 
Duties  -    .   . 

tarianism  excluded      .    . 
sjons  of.  notice      .    . 
tatc  (ieologist  aids  museum 
Faculty,  belong  to    .     . 
Student-;  fnun  each  county  . 
Notice  to  counties  about 
Reli_  not    re- 

quired .... 

Tuition  free  for  .... 
Tax  for-endo\vinent  fund     . 
ion  of    ... 
P-ond  of  .   .   . 

Duties  of  ...... 

Trustee^.    Hoard  of      .... 

Allowances,  make      - 

<i.m  l-V.iia 

First,  who  were  .     .     . 

annual 
First,  where  held 

Pav  of  ... 

..... 

(Quorum  of  ...... 

Keport   of       .... 

Vacancies  in    ...  4">»'..",. 

45(>r,h,  4666c 

hoard  of  .....        1">77 
I>uti.  .    .        1578 

Keport  a-  to  ahs.-ntee-   .          1"..  > 
Statistic-,  furnishiMl  hy  M 

Superintendent  .     .         .        \\\» 
Statute  of  limitation-,  when 

doefl  not  run     .  n.  17 

Student^     must     submit     t<> 

rules,    n.     1,    4-V.l  :    n.     1.    4672; 
n.  1,  4668 
Statutcof  limitations,  timeof 

tiliiii:  complaint  n.   IS.    I  J:'.7 

Statute  of  limitation  can  not 
he  interposed  against  di- 
rect triM  .  .  .  n.  2,  188 

Studies,  dntv  of  Trustee  as  to 

n.  1.   ll'.'7 

Ad.litional      .    .    .    .  n.  '_',  4  1'.'7 
Alirehra  ......  n.  1.    ll'.C 


.        r>,n 

to  4.V,i;h 

4~>»;:; 

.       4~>t;4 


State  University  —  ('on. 

District  meetings  deter- 
mine    4 1'.»!> 

<  u-nnan n.  •">,  44!»7 

Latin n.  1.  4  i!'7 

Music      Q,  C-.  41'.i7 

Studies,  order  of          -    -  n.  •"•.  44'.»7 
Teacher's    contract     to 

teach  n.  4,  -U'.I7 

What  shall  he  taught    .       44'.'7 
What   teacher  shall  be 

examined  in 44'Jo 

Subrogation,  purchase,  under 

mortgage  .  n.  6,  4395;  n.  14,  4392 
Succession  toschool  property 

n.  1.  4l:!7;  n.'  4,  4438 
Suits.  Attornev-(  ieneral  mav 

bring  n.*3,  4326 

Auditor,      may     bring, 

when  .  4383 

Against  school  trustees 

of  town  or  city  .  n.  S,  4437 
Against  township  and 
not  against  trustee 
personally  .  n.  '.»,  4437 

For  school  taxes,  n.  10,  4437 
<  >n    treasurer's    bond 

n.  52,  4439 

City,  against  or  for  .   .      4438 
Complaint,   what    must 

show  n.  18,  4437 

County  Commissi. 

suing  n.  2,  4399 

.    .    .  4535 

County  Superintendent 

may  bring,  when  4435 

How  brought, 4634;  n.  X,  7  to'.', 
:  n.  1,  4534 
Mandate  can  not  take  place 

of       .  n.  11,   1I.-.7 

Process,  how  served  .    .  n.   1,  4636: 
n.  ±_',  44:57;  n.  3,  12,  4438 
Hiirht  to  bring.  4  l'J!» 

Statute  of  limitations  .    n.   17.  4  l.">7 
Teacher  may  sue  for  his  sal- 

.    .          n.  i>,   It::'.' 

Town,  for  or  aLrain-t  .  4438 

Township,  for  or  against  4437 

When  may  I,,-  brought  .    .  n.  4,  4390 

Superintendent     <>!  r  t  ty  ,   how 

elected  * 444- 

Duties         111-'. 

Pay  44  lo 

Superintendent  •<•/ r»nntir.    See 
( 'ounty  Superintendent. 

Superintendent   <>f  /'»/<//<•  In*irnc- 

tinn    appeals  to  ...       .      4538 

Apportionment,  prints  -: 

ment  of. ' 4483 


278 


SCHOOL    LAW    OF    INDIANA. 


s. 

•Superintendent — Con.  SEC. 

Balance  of,  duty  as  to  .      4485 

Normal  school  fund  .    .      4556 

Kevenue   (of),   makes  .  4477  to 

4482 

Attorney,  may  employ  .  n.  2,  4413 
Blank  forms,  furnishes.  .  .  4415 
Books,  duties  as  to.  See 

Books. 
Bookkeeping,  prescribes 

forms  of       4416 

Clerks  for 4408 

Salary  of 4419 

Counties,  must  visit  ....      4411 
•County^  Auditor's  books,  ex- 
amines            4411 

Defaulting,    brings     suit 

against 4405 

Penalty  for  failure.    -    .    .      4481 
School    revenue,    reports, 

4478  to  4481 

County  Superintendents  re- 
port to          ....   4428,  4429 
Names  of  reported  to  .    .      4424 
Documents,  supplies.   .    .    .      4418 

Duties  4408 

Election  of 4406 

Expenses  of,  paid 4412 

Funds,  supervises      ....      4413 
Deficit  in,  duties  as  to  .      4326 
•        Diminution  of  county, 

when.  ....      4481 

Normal  school,  to  ...      4556 
Report  to,  as  to  divided 

'  township 4336 

Suit  for,  may  order  .    .      4413 
General   Assembly,    reports 

to  ....  ....      4410 

Governor,  reports  to  ....      4409 

Instructions,     Superintend- 
ent furnishes  .    .    .      4415 
Interest,  looks  after  ....      4326 

Lectures       4411 

Libraries,  furnishes  books  to,  4418 
Member  of  State  Board  of 

Education  .    .      4420 

Opinions,  gives  .    .  n.  2,  3,  4408 

Normal  School  is  Trustee  of      4543 

Oath  of 4407 

Office  provided  for  ...  4408 
President  of  State  Board  of 

Education 4420 

Prosecutor,  Superintendent 

may  direct,  when      .  4413 

Reports  from        .        .    .  4409,  4410 

Reports  to     4336,  4346,  4401,  4414, 

4424,  4428,  4429,  4440,  4446,  4478 

to  4481,  4482 

Salary  of 4419,  4427 


Superintendent— Con.  SEC. 
School  laws,  prints  and  dis- 
tributes          4417 

School  officers,  must  meet  .      4411 

Opinions,  gives  to.  4408 

Schools,  manages  business  of    4408 

Seal  uses :    .      4420 

State  Board  of   Education, 

member  of 4420 

State  University,  reports  to.      4582 

Is  visitor  of.        4577 

Statistics,  furnishes  ....      4410 
Suits,  cause  to  be  brought, 

4405,  4413 

Teachers,  must  counsel  with    4411 
Term  of  office.  ...        189 

Commencement  of.    ...      4407 
Traveling  expenses  of  ...      4412 
Visits  counties  .    .  4411,  n.  1,  4411 
Summons,  how  served  .    .    .  n.  12,  4438 
Surplus  on  sale  of  land,  disposi- 
tion of.    ...  4392,  n.  3,  4,  4347 
Special  revenue  ....  4447,  4492 
Surplus   revenue  fund,    sale   of 

lands  of 4364 

Belongs  to  schools 183 

Investment  of 4368 

Suspension,  willful  or  malicious 

act  necessary  to  warrant,  n.  7,  4505 
Mandamus  lies  to  compel  res- 
toration of  pupil  illegally 
suspended   ....      n.  35,  4505 
Pupil  may  be  for  tardiness, 

n.  15,  4505 
Unreasonable  rule  as  to, 

n.  9,  4505 
Pupil  may  be  for  refusing  to 

declaim.    .    .    .  n.  19,  38,  4505 
May  be  for  immorality  or 

licentiousness  .  n.  18,  27,  4505 
May  be  for  failing  to  use 

adopted  books     .    .  n.  22,  4505 
May  be  for  habitual  ab- 
sence.   .    .  :  n.  23,  4505 
May  be  for  misconduct, 

n.  24,  4505 
May  be  by  teacher  though 

opposed  by  officer  .  n.  26,  4505 
May  not  be  for  attending 

party    .  ...  n.  28,  4505 

May  not   be   for  writing 

newspaper  article  .  n.  29,  4505 
May  be  for  refusing  to  pre- 
pare rhetorical  exercise, 

n.  37,  4505 
May   be   for   refusing    to 

write  composition  .  n.  37,  4505 
Swamp  lands  belong  to  school 

fund 183,  4325 


tNDEX. 


I 
I 


T. 

annual  levy 44'i"> 

-incut 

Auditor'.-  duty  as  to  .... 

I'.auk  stock  liable  t<>    .    .  n.  5,  4407 

r>u:ird  make-  independent  of 

( 'ommissioners  .    .    .    .  n.  8,  44t'>7 
IJonds  for  school  buildings, 

to  pay 44! '(» 

liuilding-.  erection  of  .  .  .  44C.7 
Collection  of,  from  transfers 

n.  :;.  4.  C).  4474 
Dog  tax  surplus,  distribu- 
tion .  n.  1,  3,  4,  5,  44^7a 

Kxpei.-i-  !''  r       44C.7 

( 'ommi— ioners  have  no  con- 
trol over  levy  .    .  n.  9,  44»',7 
Constitutional  limit  applies 

to  towns n.  11,  4488 

Tax  payers  may  advance 

monev  for 4467 

Collection       4468 

In  large  cities     ....      44C.1 
K.\pen-e  of  schools,  for    .    .      4  If, 7 

Fuel,  for 44t'.7 

Legal  i/ed   .    .  .    .  n.  1,  44»i"> 

Levy,  who  makes n.  '2, 

4467;  n.  1.  •_>.  4  Hi'.' 
May  he  made  by  Legisla- 
ture or   hv  local   school 

otli,  n.  «',. 

In  laix'c  cities.    .    .  44<i<) 

Penalty n.  15, 

Limit  in  large  city     .... 

•ial  tax -1  l». 7 

To  pav  debt-,  ohliiratorv  . 

Lihrarv  honds 4-V_',«- 

Li.-n     '  n.  ::.  4792 

<  >n  land  hid  in  hy  Auditor. 
...  :, 

tuition 

Management  of.  hy  Trustee.  4  17" 
Manual  training  school  .  .  4447f 
Poll.  School  Commissioners 

cannot  levy         ...       n.  1. 
Race,  no  discrimination  in  .       4  It  if, 
Hi-port  of  Auditor  concern- 
in-     .    .  4!7> 

Contents 41,'.' 

When  made 4478 

Ueport  of   tran-fer-    ....       4  1'^ 

Sd 1  (  'ommi  — ionrr-  Lrj 

receipt  for    ....  4-VJ7:' 

School  lands  -ohl.  subject  to       -\:\''<\ 
al    for    huildings    and 
furniture.     ...  .        I  I* -7 

-titutionality  of.    .  n.  1.    I  I1  7 
County  Commis-ioner-.  no 

control  over  .    .    .    .  n.  •">.    1 I'" 


Taxes,   for  general  purposes  in 

citv  or  town  .    .       44!M> 

To  pity  dehts.    .4471;  n.  1,  4471 
Taxes,  special,  who  K-vy-  .  n.  2,6,  1 1'>7 
Tax  title.   Inferior  to  mort- 
gage lien    .  n.  X.  48S.S;  n.  -\ 
Tran-ferr«'<l.  per.-on   taxed  . 

4468;   n.  7.   1I7.",:  n.  4,  4474 
Treasurerof  County  col! 

when     ...  .    .          4468 

Treasurer'- (|u'u-tus  to  .    .    .    4-VJ<b 

Trustee,  local,  levy  hy  .  44h'i) 

Trustee,  time  of  election  of.    444<>;i 

Must  contract,  asofficer,  n.  9,  4601 

Act  in  official  capacity. 

n.  39,  4 .-.ol 
Tuition  .  .....  4465,  4469 

How  applied 4470 

Uniform,  mart  be.   .   .4466,4494; 
n.  1,  H'.'4 

Wrong  corporation   receiv- 
ing, liability n.  9,  4 473 

Teacher,  assault  upon  .  n.  2,  4507 
Authority  over  pupils.  .  n.  3,  l"><>4 
Authority  out  of  school .  n.  4,  4504 
Abolishing  school,  effect  on 

contract n.  47,  4439 

Authority  as  to  suspension  . 

n.  24,  4439 

Bible,  reading  n.  2,   I4(.»:i 

Care  of  school  property  .  n.  17,  1 144 

Compensation n.  1,  4444 

When  forfeited 4-'.ol 

Contract,  blanks  in       .       n.  3,  4501 
Abolishing      department 

does  not  affect  n.  37,  4501 

Cannot  he  affected  hy  burn- 
ing of -chool  bouse  .  n.  33,  4501 
Contents  .  n.   17.  4141:  n.  s,  4-'>nl 
How  made.  n.  <>,  4444  ;  n.  IS,  4439 
Illegal  clause  in  contract 

of  .    .    .    .  n.  32,  4501 

Lack  of  funds  .    .  n.  3,  4'.i»I 

License  necessary  .    .      n.  1.  4">ol 

Verbal  n.  3.    ir.nl 

When  made  ....      n.  7.   1141 
Written  .    .    .       n.  3,  4501 

Mav    In-    made    with  old 

hoard n.  45,  4439 

.in--  contract  n.    1C.,  4439 
( 'orporal  punishment,  indict- 
ing        tt.  8,  rj.  i:,o.-. 

Discharged  without  can 

n.   L'O,  4501 

Dismissal    .    .          45n]  :  n.  :>,  4501 
Damages  for  wrongful, 

n.  13,  4501 

Ille-al.  re-ult        .    .    .  n.  5,   4501 
<  >n  majority  vote     .    .  n.  5,  4501 


280 


SCHOOL    LAW    OF    INDIANA. 


T. 

SEC. 

Teacher,  strictness  of  court  trial 

not  required   .    .    .  n.  34,  4501 

Employment. 4444  ;  n.  3,4499,  4501 

License  expiring  4501 

Employment,  record  of,  n.  3,  4501 

Who  makes        n.  19,  4437,  4444 

Of  Trustee  as  teacher,  n.  26,  4439 

Examined,  how      .    .    .  4425,  4502 

In  two  counties  .    .    .  n.  15,  4425 

Execution  to  collect  pay, 

n.  3,  4501 
Failure    of     authorities   to 

furnish  school  .    .    .    .  n.  2,  4449 
Failure  to  perform  duty  un- 
der contract    .    .    .    .  n.  12,  4501 
{German  teacher  must  have 

license n.  13,  4425 

Holidays,  gets         4501 

Illegal  clause  in  contract  of 

n.  32,  4501 

Immorality  of n.  5,  4426 

Incompetent,    may    be    re- 
fused license  ....  n.  19,  4425 
Infant  may  contract  to  teach 

n.  31,  4501 
Institute,  must  attend  .    .    .      4520 

Pay  for n.  2,  4520 

Insulting 4507 

Liability  of  Trustee  to.n.  1,  2,  4441; 
n.  2,  10,  4501  ;  n.  3,  4486 
License,  must  have 

4501 ;  n.  1,  4501,  4460 
May  make  rules 

n.  20,  4501 ;  n  5,  34,  4505 
May  refuse  to  teach  refrac- 
tory pupil n.  29,  4501 

Minor,  may  be    ...  n.  2,  3,  4501 

Moral  character  of    ....      4425 

Names  not  reported,  when  .      4428 

Old  board  employing  .   n.  2,  4445 ; 

n.  7,  4444;  n.  13,  4439;  n.  3,  4501 

Patrons  electing  .    .        .  n.  2,  4444 

Pay,  funds  giving  out   .  n.  3,  4501 

Execution  to  collect  .  n.  3,  4501 

Forfeiting    .    .  .    .      4501 

Of  graded  school   .    .  n.  15,  4444 

Private  examinations  of      .      4427 

Protest  of  patrons  .  n.  4,  4501 

Qualifications  of 4501 

Record  of  employment  .  n.  3,  4501 
Keligious  belief  .  .  .  n.  2,  4493 
Remedy  to  recover  pay .  n.  2,  4486 
Removal,  practice  .  .  n.  4,  4426 
Report,  must  make, 

4449 ;   n.  2,  4449 

Contents 4449 

Penalty 4449 

Private  teacher       .  n.  1,  2,  4509 
When  makes    ....  n.  1,  4449 


T. 

SEC. 

Teacher,  resignation  of .    .    .  n.  8,  4444 
Rules,  reasonableness  of.  n.  6,  4505 

State  certificate  to 4422 

Substitute  teacher          .  n.  25,  4501 
Suit  for  wages .  n.  9,  4439 ;  n.  3,  4501 
Trustee  cannot  employ  him- 
self .    .  .    .  n.  5,  4444 
Not  personally  liable  .  n,  3,  4486 
Want  of   funds  to   pay,  no 

defense  .  .    .    .  n.  2,  4486 

Who  may  employ  .    .    .  n.  2,  4445 ; 

n.  7,  4444;  n.  3,  4501 ;  n.  13,  4439 

Withholding  wages     .    .  n.  3,  4449 

Terms,  length  of  school   ....      4495 

Uniform,  must  be.  4494;  n.  1,  4494 

Text-books,  change  of 4436 

See  books. 
Timber,  sale  of  lands  with  .    .    .      4346 

Cutting 4346 

Time,  how  reckoned 4495 

Month 4495 

School  day,  board  may  fix, 

n.  25,  4439 

Term 4495 

Week 4495 

Year 4495 

Title,  how  taken  to  school  prop- 
erty         4508 

Joint  school 4513 

Tax  title,  inferior  to  school 

mortgage  lien.n.  3,  4380;  n  5,  4395 
To  school  money  .  .  .  .  n.  2,  4440 
To  school  property, 

n.  9,  4488;  n.  2,  4511 
When  \jests  in  State  without 

deed 4396 

Towns,   corporation  for  schools, 

are               ...  4438;  n.  2,4438 
Bonds  for  building,  may  sell     4488 
County  Superintendent  con- 
trols    .  n.  3,  4429 

Dog  fund,  division  of,  with, 

n.  3,  4487 b 

Joint  graded  schools  in  4446 

Not  entitled  to  dog  tax  .  n.  5,  4487a 
Pupils  outside  may  attend  .  4490 
School  corporation  is  .  4438 

Suits    ....  .    .u.l,  4438 

Superintendent  in 4445 

Trustees,  fined,  when    .    .    .      4451 
Election  of  .    .  ...      4439 

Unincorporated,   bequest   to 

aid 4514 

Bonds  for 4514 

Petition  for  ....  4514  to  4516 
Sale  of  bonds  ....  4516 

Townships,  boundaries  of    ...      4331 
Civil  can    not  build   school 

house n.  6,  4437 


IM.KX.  281 


T. 


,, 


BBC, 

4437 


n>hip.  contracts  of     .... 
ratloi;    I'm-  -chool   pur- 
poses .    -  11.  -'.  l-i:;7  ;  n.  ! 
.  :ity  lint1,  dividing    . 
I>ivi-i<.n     of     fuiuls,      with 

town n.  8,  4438 

.Judicial  notice  of  .  -  n.  10,  4437 
Mu>t  own  or  lease  school 

premies   .  n.  4:>,  4444 

Name  «,f     .    .  41:17;  n.  2«>,  '21,  4437 
Pleadinirs  mu>t  designate  the 
corporation,  civil  or  school, 

n.  7,  4437 

Power  oi n.  n;,  H:;7 

Presumption  raised  by  use  of 

name n.  <i,    1  l:',7 

Proee--,    how    served    upon, 

n.  -2-2,  44:57 

Suits 44:57.  4438 

Traffic  in  quo-lions  forbidden       .  4421:i 
Transfers  adjoining,    when  must 

•nade  ....  •  n.  2,  447:5 

Appeal  from       .      4537;  n.  1,  447:5 

Auditor's  duty n.  ~>,  447:5 

licit  er  accommodations  .  n.  :;.  117.'! 
Constitutionality  of  law  -  n.  10,4473 
Comity  Superintendent,  duty 

concerning n.  5,  447:5 

I>i-mi— al  of     .    .  n.  17,   1 17:; 

Enumeration  of, 

n.  5,4472;  4  472,  4473 
n  one  county  to  another  .  4474 
ice  of   .    .    .            .    .  n.  ~>,  4  17:5 
Payment  for  transfers  .    .    .        117! 
Pri                       :>er-<»ns  trail-- 
red         n.  1:;,   1 17:5 

n.  <;,  4  17:: 

i-al    to    receive  person 
tran-t'envd  n.  12,    1  17:5 

Removals,  lialiilitv   for   tax 

n.  7,  4473; n.  4.  4471 

Report    «.f  11.    '_'.     H71 

ran-fers    .    .    .    .  n.  4.   1  1.  4  173 

Kiirht  of.        .....       n.  1.    117:; 

Taxing  tran.-l'envd  per-ons 

n.  2.   4470;  ,,.  7.  -J|.   4473 j 
4490;  n.  5,  <>,  7.   ll'."» 
Bonds,  liable  for  .    .  n.  5,  4  I'.'o 
Tenant-'   pn>p,rtv   can   not 

he  taxed.    .."....  n.  7,   117:; 

Wife's  property  can  not  be 

taxed n.  7,  417:; 

What  amounts  to      .    .    .  n.  S.    1  17:1 

When  made n.  1,  117:: 

Who   may  he 4473 

Wronir  corporation  receiv- 
ing tax n.  'J,  417:5 

TreaMiivr     ••'^•.  .  bond    in    large 

city   .   : 4460 


SEC. 

.    election    and 

bond      .' 4439 

Incoming     Treasurer    enti- 
tled f>  receive  money  only 
from  his  predecessor  .  n.  ">3,  4439 
Treasurer  (county), collects  school 

tax    .  44(18 

Pays  tax  to  C'ity  Treasurer.      4401 
Report,  makes  of  fund  of  . 
Re-sale  of  land  .    .    .      4:547 

Sale  of  land,  attends    .    .    .      434"> 
School    money,    receiv 

n.   2,   4388 
Treasurer  (State],  pays  fund  to 

county  .    .  .    .    .    .          4484 

Treasurer   (town),   election    and 

bond.  ....      4439 

Truancy,  expulsion  for  n.  2,  4505 

Tuition,  advancement  by  Trus- 
tee, reimbursement  .  n.  15,  4441 
Annual  levy  of  ...  4465 

Anticipating      .    .  4442;  n.  1,  4470 
Application  of  .        .    .    .  n.  2,  4442 

Apportionment  of  by  Audi- 
tor of  State     .    .       .    4484a 
According  to  enumera- 
tion        4432 

By  County  Superinten- 
dent .    .      4434 
Auditor  of  State,  draws  war- 
rant for                ....    4484a 
Books,  used  to  pay  for  .  n.  11,  4444 
Constitutionality    of    levy 

for       . n.  4,  4469 

Detined 

Diminished    for   failure   to 

report 4431 

Expenditure  of,  within  vear 

'   1 142,  4499 
Expense  of  collecting   can 

not  be  deducted  from   .    .      4:5i!o 
Fees  can  not  be  taken  from 

4326;  n.  8,  U'i'.» 
Formation  of  town,  division 

of n.  2.  4508 

Levy  of,  who  makes  .  n.  1.  2,  4469 
License   money  forms  part 

of n.  10,  4325 

Local  tax  for I  !<>'.• 

II..W   levied 1170 

Mandate  to  compel  applica- 
tion of n.  2.  4141 

Mixinir  with  other  fuiuls.  n.  Hi.  1111 

Ownership  of n.  IS.  4  HI 

Payment  of,  by  non-resident 

n.  4.    1490 
Private  school,  can  not  be 

used  for n.  4,  4509 

Kate  of  foreign  ....  n.  40,  4439 


II 


282 


SCHOOL    LAW    OF    INDIANA, 


T. 

Tuition— Cow.  SEC. 

Rents  deducted  from    .    .    .      4328 
Report  of  transfers  for     .    .      4473 
Surplus  special  school  fund 
can  not  be  transferred  to 

n.  4,  4467 
Town    incorporated  within 

Township n.  5,  4486 

Township n.  5,  4486 


U. 


Uniformity  of  school  terms, 

4494  ;n.  1,  4494 

Uniform  system n.  10,  4467 

Unsafe  investments         .    .    .  n.  1,  4400 
Use  of  school  house  for  private 

purpose 4509,  4510 


V. 


Vacancy    in    office     of    County 

Superintendent 4424 

City  or  town  Trustee  .    .  4439,  4459 
Township  Trustee    n.  5, 4440,  4440b 
Vaccination,  duty  concerning, 

n.  4,  4429 

Power  to  compel          .   .  n.  5,  4429 
Vacation,  holidays  falling  in, 

n.  41,  4501 
Visits,     County    Superintendent 

makes 4429 

Director  makes 4505 

State  Superintendent  makes .     4411 
Voters,  defined, 

n.  4,  4501 ;  n.  2,  4509,  4499 

Lessees n.  1,  4339 ;  n.  1,  4729 

Meetings  of 4499 

Petition  by  for  removal  of  school 

house 4499 


V. 

SEC. 

Petition,  to  sell,  school  house          4499 
Plurality  will  control    .    .      n.  12,  4499 

Repairs  "direct 4499,  4500 

AVho  are    ....          n.  1,  4498,  4499 ; 
n.  4,  4501 ;  n.  2,  4509 


W. 

Wages,  unlicensed  persons  may 

recover  reasonable  .  n.  14,  4501 
Garnishment  of  .  .  -  .  n.  40,  4501 
Not  affected  by  failure  to 

send  to  School    .    .      n.  22,  4501 
For  attendance  upon  town- 
ship institute,  paid  out  of 
special  School  fund    .  n.  4,  4520 
Warrant  on  Treasurer   to   bor- 
row            4383 

To  counties  by  State  Auditor  4484 
Warranty  of  title  by  State  .  n.  3,  4383 
Waste,  injunction  to  prevent  on 

school  lands              .    .  n.  2,  4346 
Liability  for,  in  case  of  for- 
feiture        4349 

Suit  for 4350 

Week  of  school,  what  is  ....      4495 
Wife,    signature    to    mortgage 

necessary    .....  n.  1,  4385 
Will,    devise   to    township    for 

schools n.  4,  4437 

Witnesses,  use  of  on  appeal  .  n.  1,  4537 ; 

n.  1  4538 

Must  be  sworn  .  .  .  .  n.  16,  4501 
Women  eligible  to  school  offices,  4540 

Bond  of  binding 4541 

Constitutionality  of  act,  n.  1,  2,  4540 
Worship,  reading  Bible  .  .  .  n.  3,  4493 


Y. 


Year,  school,  when  begins  .    .    .      4499 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1*00  ON-  THE  SEVENTH  DAY 
OVERDUE. 


1.00    QN./THI 

4oep  47  T 


.3    1947- 


LD  21-100i»-12,'43  (8796s) 


